Greg Kelly, a close aide of former Nissan Motor Co. Chairman Carlos Ghosn, claims Japan's Financial Services Agency told him it was unnecessary to report the remuneration Ghosn was set to receive after retirement, sources with knowledge of the matter said Thursday.
Tokyo prosecutors believe the two were aware of the need to report Ghosn's post-retirement package but did not do so. Kelly, however, is likely to deny allegations that he intentionally falsified securities reports, they said.
The former Nissan representative director was arrested along with Ghosn on Nov. 19 on suspicion of conspiring to engage in financial misconduct. Kelly has said he consulted with a public accountant and a lawyer in addition to the FSA over the need to report the post-retirement payment, according to the sources. He has also told prosecutors there was no need to report the remuneration as it had not yet been settled, the sources said. Kelly's lawyer in the United States said Wednesday that Kelly "absolutely believes what he did was legal."