National Post

Judge orders Volkswagen to pay US$2.8 billion

‘It’s the little guy’ who’s hurt by ‘corporate greed’

- Ed White

DETROIT • A judge on Friday ordered Volkswagen to pay a US$2.8 billion criminal penalty in the United States for cheating on diesel emissions tests, blessing a deal negotiated by the government for a “massive fraud” orchestrat­ed by the German automaker.

U. S. District Judge Sean Cox stuck to the plea deal during the sentencing heari ng, six weeks after VW pleaded guilty to conspiracy and obstructio­n of justice in a bold scheme involving nearly 600,000 diesel cars in the U. S. They were programmed to turn on pollution controls during testing and off while on the road.

“It was an intentiona­l effort on the part of a major corporatio­n to evade U.S. law and lie to U. S. regulators,” Assistant U. S. Attorney John Neal told the judge.

Speaking from the bench in the heart of the global auto industry, Cox said he was amazed that VW would commit such a crime.

“Who has been hurt by this corporate greed? From what I can see it’s not the managers at VW, the ones who get paid huge salaries and large bonuses. As always it’s the little guy,” the judge said, referring to car buyers and VW’s bluecollar workers who might earn less in the future.

Separately, VW is paying US$1.5 billion in a civil case, mostly to settle allegation­s brought by U.S. environmen­tal regulators, and spending US$ 11 billion to buy back cars and offer other compensati­on. Seven employees have also been charged with crimes in the U. S., but five are in Germany and are unlikely to be extradited.

Cox urged the German government to “prosecute those responsibl­e for this deliberate massive fraud that has damaged an iconic automobile company.”

In brief remarks to the judge, VW defence attorney Jason Weinstein says the criminal fine is an “appropriat­e and serious sanction.”

VW general counsel Manfred Doess said the company is not the same one that was caught 18 months ago.

“Volkswagen deeply regrets the behaviour that gave rise to this case. ... Plain and simple it was wrong,” Doess said. “We let people down and for that we’re deeply sorry.”

Neal disclosed that a former Justice Department official, Larry Thompson, will serve as a monitor to ensure that VW complies with the plea agreement, which includes three years of probation.

An assistant U.S. attorney, John Neal, told the court Thompson has assembled a team of experts and said the U.S. government “has a great deal of confidence that ( Thompson) will ensure compliance with all the terms” of the plea agreement, Reuters reports.

U.S. regulators confronted VW about the cheating software after West Virginia University researcher­s discovered difference­s in testing and real-world emissions of harmful nitrogen oxide. VW eventually admitted that the cars were programmed to turn pollution controls on during testing and off while on the road. In total, VW has agreed to spend up to US$ 25 billion in the United States to address claims from owners, environmen­tal regulators, states and dealers and to make buy-back offers.

 ?? QILAI SHEN / BLOOMBERG ?? Volkswagen, taking part in the Auto Shanghai show this week, has been fined US$2.8 billion after pleading guilty in its emissions tests scandal.
QILAI SHEN / BLOOMBERG Volkswagen, taking part in the Auto Shanghai show this week, has been fined US$2.8 billion after pleading guilty in its emissions tests scandal.

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