A Japan high court sitting in Tokyo on Tuesday upheld a suspended six-month prison sentence for, a former Nissan executive, Greg Kelly and ex-aide to the automaker’s fugitive CEO, Carlos Ghosn.
Kelly, a 68-year-old American, had been convicted of assisting Ghosn in underreporting income, but both he and prosecutors had challenged the 2022 ruling. However, the court rejected their appeals, leaving the verdict unchanged.
Kelly was arrested in Japan in 2018 alongside Ghosn, whose dramatic legal troubles sent shockwaves through the global business community.
While out on bail the following year, Ghosn, a French, Lebanese, and Brazilian national, made a daring escape to Lebanon, smuggled out of Japan in a music equipment box. His flight left Kelly to face legal proceedings alone.
Following his conviction nearly three years ago, Kelly returned to the United States and did not attend the latest hearings, according to his lawyer, Yoichi Kitamura.
But the legal battle is far from over.
“We will appeal” to the Supreme Court, Kitamura told reporters after the ruling. “It’s not clear why our appeal was turned down,” he added.
Meanwhile, Japan’s prosecution office declined to comment on whether they would also pursue further legal action.
Kelly, who received the court’s decision over the phone at his home in the United States, has yet to issue a statement, according to another lawyer, Tatsuo Ninoseki.
Prosecutors had initially sought a two-year prison sentence for Kelly, accusing him of helping Ghosn hide 9.1 billion yen (now $60 million) in earnings.
However, in 2022, he was found not guilty for financial years 2010 to 2016 and guilty for 2017, receiving a three-year suspended sentence.
Ghosn’s escape humiliated Japanese authorities, and he has since maintained that he fled due to concerns that he would not receive a fair trial.
Beyond Japan, Ghosn faces legal troubles in France, where authorities have issued an international arrest warrant over allegations of money laundering and misuse of company funds linked to Renault-Nissan subsidiaries.
Meanwhile, Nissan’s future remains uncertain. In December, amid financial struggles, the automaker announced plans to explore a merger with Honda, an agreement Ghosn, speaking via video link, described as evidence that Nissan was in “panic mode.”
