14 Kwiecień 2021

Volkswagen Deferred Prosecution Agreement

Autor: Anna Pilsniak. Kategorie: Bez kategorii .

The deal is not final and could exceed $4 billion or disintegrate, but a deal could be announced as early as next week, the sources said on condition of anonymity, because the conversations are confidential. In addition to possible criminal prosecutions of the company and its employees by public authorities, it is not only civil claims of individuals or groups. Volkswagen`s board of directors on Wednesday approved the company`s agreement with the government. Judge Sean F. Cox of the Federal District Court in Detroit must be approved. Unless it is based on an admission from VW, the rights determined by civil agreements are only charges. In separate civil decisions on environmental, customs and financial debt, VW agreed to pay $1.5 billion. These include the EPA`s request to impose civil sanctions against VW for the importation and sale of these vehicles by VW, as well as requests for customs fraud filed by the U.S. Customs and Border Management (CBP) authorities. In addition, the EPA agreement requires abstention measures to avoid future violations.

The agreements also resolve alleged violations of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). „Volkswagen deeply regrets the behaviour that led to the diesel crisis. Since all this has been brought to light, we have worked tirelessly to put things in order for our affected customers,” said Matthias Muller, Chairman of Volkswagen`s Executive Board. The agreements we have with the U.S. government reflect our determination to fight faults that are contrary to all the values that cost Volkswagen so much. This is a big step forward for our company and for all our employees. Volkswagen promised interested parties „appropriate offers.” „[The company] intends to conclude these cases quickly in consultation with the complainants,” VW said in a statement. Prosecutors must decide whether to seek an admission of guilt from Volkswagen or whether the DoJ is putting in place a „deferred prosecution agreement” in which charges could be dismissed if the company complies with the terms of the transaction. Differences of opinion on the direction of the project were expressed at a meeting chaired by Hadler and attended by Dorenkamp. Hadler authorized Dorenkamp to continue the project because he knew that only the use of stop software would allow VW diesel vehicles to pass U.S. emissions tests. From the first year of 2009 of VW`s new „clean diesel engine” to the 2016 model year, Dorenkamp, Neusser, Hadler and their co-conspirators have installed stop software in vehicles imported and sold in the United States. To sell their own diesel vehicles in the United States, the co-conspirators lied to the EPA about the existence of their cheating test software and hid them from the EPA, CARB, VW customers and the American public.

Dorenkamp, Neusser, Hadler, Gottweis, Schmidt, Peter and their co-conspirators then marketed VW diesel vehicles as „clean diesel” and environmentally friendly and were marketed to the American public. Volkswagen is also expected to oversee by an external monitor and grant other important reforms regarding its diesel fraud scandal as part of a possible deferred prosecution agreement or guilty plea of criminal charges, the sources said. In the United States, any criminal act by an employee criminalizes the company.

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