Ex-CEO in VW emissions case is charged

Volkswagen former Chief Executive Martin Winterkorn was charged in federal court in Michigan with conspiracy and wire fraud in relation to an investigation into the German automaker’s efforts to cheat U.S. diesel emissions testing, according to an indictment unsealed Thursday.

Winterkorn, who stepped down from his role as CEO days after the scandal was revealed, is accused of conspiring to defraud the United States and to violate the Clean Air Act. The charges were filed under seal in Detroit on March 14.

“The indictment unsealed today alleges that Volkswagen’s scheme to cheat its legal requirements went all the way to the top of the company,” Atty. Gen. Jeff Sessions said in a statement. “These are serious allegations, and we will prosecute this case to the fullest extent of the law.”

Winterkorn is the highest-ranking person to be charged in the three-year investigation, yet he’s also unlikely to ever face trial in the United States. Germany doesn’t extradite its citizens to countries outside the European Union, so Winterkorn won’t be arrested unless he leaves the country.

Winterkorn’s lawyer in Germany, Felix Doerr, didn’t reply to an email seeking comment.

“Volkswagen continues to cooperate with investigations by the Department of Justice into the conduct of individuals,” the company said in an emailed statement.

VW admitted in September 2015 that it had outfitted about 11 million diesel cars worldwide with a defeat device — embedded software that enabled the vehicles to recognize when they were being tested in laboratory conditions and to reduce emissions to meet acceptable levels during the test. The indictment says that at a 2015 meeting in Wolfsburg, Germany, Winterkorn was briefed on the emissions issue and on how U.S. regulators were threatening to delay certifying 2016 cars for sale.