Ghosn ‘helpers’ claim no laws were broken
Two Americans accused of helping Carlos Ghosn flee Tokyo have a simple argument for why they shouldn’t face charges in Japan: They didn’t break the law.
In a lengthy federal court filing, lawyers for ex-Green Beret Michael Taylor and his son Peter said the pair’s alleged role in the dramatic flight of the ex-Nissan boss doesn’t amount to an actual crime.
Federal prosecutors have accused the Taylors of helping Ghosn violate the terms of his bail by ferrying him to Lebanon in December while he awaited trial on Japanese financialcrime charges. But skipping bail isn’t a separate criminal offense under Japanese law — and neither is helping someone do so, the Taylors’ lawyers said.
“Indeed, it would be a non sequitur and violate US law and the treaty requirement of extradition reciprocity to make it a crime to help someone else to do something that is itself not criminal,” lawyers Paul Kelly and Abbe David Lowell argued.
Additionally, the Japanese warrants for the Taylors’ arrests only accuse them of a misdemeanor immigration violation for which they cannot be extradited under the US’ treaty with Japan, the lawyers argued.
US authorities have said the Taylors are charged with violating Article 103 of the Japanese Penal Code, which is not mentioned in the arrest warrants, according to court filings.
The law makes it a crime to harbor or enable the escape of someone who has committed a crime punishable by a fine or worse, court papers say.
Ghosn has been living since late December in Lebanon — which does not have an extradition treaty with Japan — saying he fled “persecution.”