Draft VW deal has $4.3B in fines

FRANKFURT, Germany — Volkswagen AG said Tuesday that it was in advanced talks with United States authorities over a proposed settlement in its diesel emissions scandal under which the company would pay $4.3 billion in criminal and civil fines.

The draft settlement with the U.S. Department of Justice and U.S. Customs and Border Protection would include the appointment of an independent monitor to oversee the company’s compliance and control measures for three years.

A company statement issued Tuesday said that under the proposal Volkswagen would agree to “a guilty plea” to criminal law provisions.

The draft needs to be approved by Volkswagen’s boards and U.S. courts. Volkswagen said its management board of top executives, which includes CEO Matthias Mueller, and its board of directors would deal with the issue “in the very short term,” as soon as Tuesday or Wednesday.

“A final conclusion of the settlement agreement is further subject to the execution by the competent U.S. authorities and to the approval of the competent U.S. courts,” VW said.

The penalties would exceed the amounts Volkswagen has set aside to cover costs from the scandal, but the specific impact on 2016 earnings “cannot be defined at present,” the statement said. Volkswagen had already deducted $19.2 billion from earnings for the expected costs of fines, settlements and recalls.

The company has admitted equipping diesel cars with software that turned up emissions controls when the car was being tested and turned them down during normal driving, improving engine performance but exceeding emission limits.

Volkswagen has reached a $15 billion civil settlement with environmental authorities and car owners in the U.S. under which it agreed to buy back up to 500,000 vehicles.