Market manipulation charges against VW bosses to be dropped
May 20, 2020
Volkswagen CEO Herbert Diess and supervisory board chief Hans Dieter Poetsch have avoided trial over "market manipulation" allegations with an out-of-court settlement of €9 million, the company said.
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Volkswagen chief executive Herbert Diess and supervisory board chief Hans Dieter Poetsch have avoided trial over "market manipulation" allegations with an out-of-court settlement of nine million euros, the German car giant said Tuesday.
"According to the assessment of the supervisory board, it is in the best interest of the company for the proceedings to be terminated," VW said.
It therefore agreed to pay €4.5 million ($4.93 million) to settle the charges against each of the top executives, it said.
The case had been one of many legal entanglements that Volkswagen had found itself in over its stunning revelation in 2015 that it had installed devices in 11 million diesel vehicles worldwide to make them seem less polluting when they were undergoing emission tests.
Dubbed Dieselgate, the practices employed by Volkswagen led to a crisis in confidence for the entire automobile industry, especially since similar workarounds were soon found at other companies. The case has kept VW tied up in lawsuits ever since.
German prosecutors in September charged the two VW bosses, along with former chief executive Martin Winterkorn, with "market manipulation."
Dieselgate: A timeline
VW's emissions scandal plunged the automaker into its deepest crisis ever. It brought with it everlasting damage to VW's reputation and massive fees and penalties — not to mention compensation claims from car owners.
Image: picture-alliance/dpa/J. Stratenschulte
The disaster unfolds — September 2015
About two weeks after Volkswagen admitted behind closed doors to US environmental regulators that it had installed cheating software in some 11 million of its diesel vehicles worldwide, the Environmental Protection Agency shared that information with the public. It was September 18, 2015. The ensuing crisis would eventually take a few unexpected turns.
Image: picture-alliance/dpa/O. Spata
The boss must go, long live the boss — September 2015
Volkswagen's then-CEO Martin Winterkorn (above) had little choice but to step down several days after news of the scandal broke. In September 2015, he tendered his resignation, but retained his other posts within the Volkswagen Group. Winterkorn's successor was Matthias Müller. Until taking the reins at VW, Müller had been the chairman at Porsche, a VW subsidiary.
Image: picture-alliance/Sven Simon
Raiding headquarters — October 2015
Regulators in the US weren't the only ones investigating VW. Authorities in Lower Saxony, the German state in which VW is based, were also scrutinizing the company. On October 8 2015, state prosecutors raided VW's headquarters along with several other corporate locations.
Image: picture-alliance/dpa/P. Steffen
Hell breaks loose — January 2016
On January 4, 2016, the US government filed a lawsuit against VW in Detroit, accusing the German automaker of fraud and violations of American climate protection regulations. The lawsuit sought up to $46 billion for violations of the Clean Air Act.
Image: picture-alliance/dpa/A. Burgi
Quit or forced out? — March 2016
In March 2016, the head of VW in the US, Michael Horn, resigned. In the initial days and weeks after the scandal broke, he was the one US authorities turned to for information. He issued an official apology on behalf of the automaker, asking for the public's forgiveness.
Image: Getty Images/C. Somodevilla
Settlement — October 2016
On October 25 2016, a US judge approved a final settlement that would have VW pay $15.3 billion. In addition, affected cars would be retrofitted with better, non-deceptive hardware and software, or else VW would buy them back completely from customers.
Image: picture-alliance/dpa/P. Pleul
Imitators — July 2017
When dieselgate first emerged in 2015, analysts said it was likely other car makers were also cheating tests. But it wasn't until 2017 that other companies were targeted in probes. In July, German authorities launched investigations into luxury car makers Porsche and Daimler for allegedly cheating emissions tests. Others, such as Audi and Chrysler, have also been hit by similar allegations.
Image: picture-alliance/dpa/F. Kraufmann
Public still supportive — December 2017
Despite dieselgate, VW has managed to keep the emissions scandal from utterly tarnishing its image. According to several polls, between 55 to 67 percent of Germans continue to trust the automaker. In the US, polls show that roughly 50 percent still believe the German company produces worthwhile vehicles.
Image: picture-alliance/dpa/C. Klose
Fuming over monkeys — January 2018
In late January, however, VW suffered another heavy blow over reports that the company experimented on monkeys and made the animals inhale diesel fumes. To make matters worse, a separate experiment that had humans inhale relatively harmless nitrogen dioxide was revealed at the same time. Some media wrongly interpreted this to mean humans were also inhaling toxic fumes.
Image: picture-alliance/dpa/F. Gentsch
Canadian court demands millions — January 2020
Years after the scandal that caused Volkswagen to pay CAN$2.4 billion (US$1.83 billion), a court in Toronto order a further fine of CAN$196.5 million. Volkswagen pleaded guilty of violating in environmental laws. Prosecutor Tom Lemon noted that the fine was "26 times the highest fine ever for a Canadian environmental offence."
Image: picture-alliance/dpa/R. Knipping
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Legal woes
Prosecutors argued that the VW chiefs should have informed shareholders about the investigation into the so-called defeat devices as soon as they learnt of it, not wait until US authorities dropped the bombshell news on September 18, 2015, sharply driving down the VW share price.
In their statement on Tuesday, Volkswagen's board said that "both at the time of the indictment... and today, the criminal law advisors and representatives of the company asserted that the accusations of the public prosecutor's office against Mr. Poetsch and Dr. Diess are not founded."
It is not clear if the offer to drop the market manipulation case will be extended to Winterkorn, who ran the company from 2007 to 2015 and stepped down after the scandal came to light.
In April last year, he was charged with serious fraud, unfair competition and breach of trust by prosecutors in Brunswick, alongside four other suspects.
His lawyers have reiterated that he is "blameless in this matter" and "will continue defending himself".
The dieselgate scandal tarnished VW's reputation and has so far cost the company over €30 billion ($33 billion) in fines, legal costs and compensation payments to car owners.