USA TODAY US Edition

Toyota’s $1.2B fine largest against car company

Carmaker’s conduct called shameful.

- Chris Woodyard and Kevin Johnson

The Justice Department announced on Wednesday that Toyota will pay a $1.2 billion penalty to settle the criminal probe into its handling of unintended accelerati­on problems that led to recalls of 8.1 million vehicles beginning in 2009.

Attorney General Eric Holder called the settlement the largest U.S. criminal penalty ever im-

“Entering this agreement, while difficult, is a major step toward putting this unfortunat­e chapter behind us.” Christophe­r Reynolds, chief legal officer, Toyota Motor North America “This (government penalty) sends an important message, but it’s a mixed message.” Sean Kane, an auto safety expert for Safety Research and Strategies “Put simply, Toyota’s conduct was shameful.” U.S. Attorney General Eric Holder

posed on a car company.

“Today, we can say for certain that Toyota intentiona­lly concealed informatio­n and misled the public about the safety issues behind these recalls,” Holder said. “Put simply, Toyota’s conduct was shameful.”

Christophe­r Reynolds, chief legal officer, Toyota Motor North America, said in a statement, “Entering this agreement, while difficult, is a major step toward putting this unfortunat­e chapter behind us. We remain extremely grateful to our customers who have continued to stand by Toyota.”

The settlement calls for eventual dismissal of the case in exchange for Toyota’s payment and continued cooperatio­n.

The deal also calls for a monitor to oversee Toyota’s safety communicat­ions, its internal handling of accident reports and its processes for handling technical bulletins.

Toyota says it will record $1.2 billion in after-tax charges in the fiscal year ending March 31. The agreement specifies that the penalty is not tax-deductible.

Some safety watchdogs were impressed.

The settlement “is a game changer,” said Clarence Ditlow of the Center for Auto Safety. “Until today, automakers faced insignific­ant fines and no criminal penalties under the Vehicle Safety Act.”

The federal criminal probe — spearheade­d by the U.S. Attorney’s office and FBI in New York — was independen­t of federal safety regulator and congressio­nal probes of the Toyota sudden-accelerati­on recalls.

It looked at whether Toyota provided false or incomplete statements to the National Highway Traffic Safety Administra­tion in the events leading to recalls for floor mats that could trap gas pedals, and gas pedals that could stick.

“While the (criminal probe) price tag represents a costly resolution, Toyota can put this issue behind it to fully focus on current and future challenges in a highly competitiv­e market,” says Karl Brauer, senior analyst for Kelley Blue Book, in a statement.

Toyota already paid two federal fines of $16.375 million in 2010 for delays in reporting the floor mat and pedal defects, and another $17.35 million in 2012 related to an additional mat recall.

The criminal probe chronology shows that the problems were discussed within the company for some time without regulatory reporting.

The chain of events that led to the recalls began with a rash of “runaway car” reports that followed a dramatic crash near San Diego in August 2009.

Four of the five deaths linked to the accelerati­on recalls came in that crash. An off-duty California Highway Patrol officer and three passengers were in a Lexus ES dealer loaner car in which an incorrect floor mat from another vehicle trapped the accelerato­r. The occupants’ ordeal as the driver fought to slow the car was captured on 911 recordings before the vehicle eventually launched into an embankment while traveling at least 113 mph.

In addition to issues with floor mats and sticky pedals, some safety experts alleged that problems with the vehicles’ engine electronic­s also were at fault.

A federal investigat­ion found no evidence of that, but some remain unsatisfie­d.

“The cover-up is still there on the electronic­s issue,” says Sean Kane, an auto safety expert for Safety Research and Strategies. “This (government penalty) sends an important message, but it’s a mixed message.”

On one hand, he says, automakers are being told to be more diligent on safety issues and reporting, or face severe fines.

On the other, he says, federal investigat­ors did not push engineerin­g analyses hard enough to find the root cause of sudden accelerati­on.

Reynolds said in his statement, however, that Toyota has retooled itself after the recalls.

“We have made fundamenta­l changes across our global operations to become a more responsive company — listening better to our customers’ needs and proactivel­y taking action to serve them.”

In addition to the multiple investigat­ions, Toyota was deluged with lawsuits following the recalls.

Late last year, it agreed to pay more than $1 billion to resolve hundreds of claims from owners who said their vehicles lost value as a result of the recalls.

Toyota also faces ongoing wrongful death and injury lawsuits that have been consolidat­ed in California state and federal courts.

In December, Toyota filed court documents saying it is in settlement talks on nearly 400 U.S. lawsuits, a total that includes most but not all of the cases.

The criminal agreement settles a big part of the remaining recall fallout for Toyota, but is an ominous sign for General Motors, which is just beginning to work through its ignition switch recalls for a problem it now says was known inside the company for more than a decade.

GM last month recalled 1.62 million vehicles worldwide for a faulty ignition switch that can inadverten­tly shut off the engine and cut power to safety systems. The issue is linked so far with 12 deaths and 31 accidents.

GM already faces a similar criminal probe, as well as NHTSA and congressio­nal investigat­ions.

Also, a lawsuit over diminished value of the vehicles has been filed, and lawsuits over deaths and injuries in crashes are likely.

 ?? DETROIT FREE PRESS ?? The Aug. 28, 2009, crash of a 2009 Lexus ES in Santee, Calif., left four dead. An incorrect floor mat trapped the accelerato­r.
DETROIT FREE PRESS The Aug. 28, 2009, crash of a 2009 Lexus ES in Santee, Calif., left four dead. An incorrect floor mat trapped the accelerato­r.
 ?? ANDREW HARRER,
BLOOMBERG NEWS ??
ANDREW HARRER, BLOOMBERG NEWS
 ?? BUSINESS WIRE ?? A 2009 Toyota Camry was involved in a sudden, unintended accelerati­on accident on Jan. 23, 2009, in Northern Virginia.
BUSINESS WIRE A 2009 Toyota Camry was involved in a sudden, unintended accelerati­on accident on Jan. 23, 2009, in Northern Virginia.
 ?? ALEX BRANDON, AP ?? A modified accelerato­r pedal from a Toyota 2007 Hybrid Camry is replaced.
ALEX BRANDON, AP A modified accelerato­r pedal from a Toyota 2007 Hybrid Camry is replaced.

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