WSJ News Exclusive | Nissan Lawyers Worried Internal Ghosn Investigation Marred by Conflicts of Interest

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Nissan's general counsel raised concerns the company's investigation into former Chairman Carlos Ghosn is marred by conflicts of interest, say people familiar with the matter

By Sean McLain in Tokyo and Nick Kostov in Paris Sept. 23, 2019 12:34 pm ET Lawyers inside Nissan Motor Co. NSANY 0.08% have raised concerns that the company’s internal investigation into former Chairman Carlos Ghosn is marred by conflicts of interest involving a Nissan executive and the company’s outside law firm, U.S. legal giant Latham & Watkins LLP, according to people familiar with their concerns.

The concerns highlighted by Mr. Passi and other Nissan employees center on Hari Nada, a Nissan senior vice president who oversees its legal department, and Latham & Watkins, the law firm that conducted Nissan’s internal investigation into alleged wrongdoing by Mr. Ghosn and others. More Latham has had a long relationship with Nissan, and it advised the company on some of the issues currently under scrutiny by Nissan investigators and Japanese prosecutors, including on executive pay disclosure, said the people familiar with the internal concerns. Nissan should have hired a law firm with no prior relationship to the company to conduct the investigation in order to protect against even the appearance of a conflict of interest, these people said.

The memorandum was sent to Motoo Nagai, the board director in charge of audit affairs, on July 25, and Mr. Passi requested that it be shared with other board members, he said in his letter. “I have chased on a number of occasions to ascertain whether the memorandum was shared, although I have received no positive confirmation of this,” Mr. Passi wrote. The memorandum was attached to his letter to the board.

Nissan directors have received anonymous letters from Nissan employees that echo many of the concerns raised by Mr. Passi, according to people who have seen the letters. Many of the letters object to the continued role of Mr. Nada at the company, these people said.

 

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Another win for regulatory capture and the deep state. The SEC_Enforcement is a JV circle jerk

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