Nissan's Ghosn gone, American Kelly faces Japan trial alone

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Nissan's Ghosn gone, American Kelly faces Japan trial alone
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His boss Carlos Ghosn escaped financial misconduct charges by fleeing the country, but another former Nissan executive is still awaiting trial in Japan: Greg Kelly. His trial in Tokyo District Court opens Sept. 15, nearly two years after his arrest.

Former Nissan Motor Co.'s executive Greg Kelly arrives at a district court in Tokyo, on June 24, 2019. Kelly's trial in Tokyo District Court opens Sept. 15, nearly two years after his arrest, and the same day he turns 64 . If convicted of charges related to alleged under-reporting of former chairman Carlos Ghosn's income, Kelly could face up to a decade in prison.

Even if acquitted, he has already paid a heavy price, unable to leave Japan and go home to Tennessee while out on bail. He has yet to see his newborn grandchild. His wife got a student visa to stay with him in Tokyo.Tokyo prosecutors say Kelly and Ghosn, the former chairman of Nissan Motor Co., violated financial laws by under-reporting Ghosn’s pay by about 9 billion yen from 2011 through 2018.

Nissan’s U.S. division hired Kelly, who has a law degree, in 1988. He became a representative director in 2012, the first American on Nissan’s board. Kelly worked in legal counsel and human resources at the company. He was arrested in November 2018, upon his arrival from the U.S. in Japan, thinking he was going to attend Nissan meetings.

“We feel we have a solid case with ample evidence to win a guilty verdict,” Yamamoto told reporters recently.Wareham, Kelly’s counsel, said prosecutors have sent the equivalent of a billion pages of documents, mostly in English, that can only be examined on a computer at the Tokyo legal team’s office. They have yet to hand over more than 70 7-inch-size boxes full of material marked as evidence, with only two weeks left before the trial opens.

In a trial likely to last about a year, Nissan employees, including former Nissan Chief Executive Hiroto Saikawa, are expected to testify in support of the prosecutors. Saikawa replaced Ghosn but resigned last year over financial misconduct allegations of his own. He has not been charged. In 2010, when Japan started requiring the public disclosure of individual executives’ pay, Ghosn’s $9.5 million annual salary raised eyebrows.

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