Germany to Continue Probing Winterkorn and VW, but Does That Mean Anything?

Matt Posky
by Matt Posky

Germany intends to stay on ex-Volkswagen Group CEO Martin Winterkorn after news broke Thursday that the former top executive faces criminal charges in the United States.

The indictment, filed under seal in March, was opened in a U.S. District Court in Detroit on Thursday during VW’s annual meeting in Germany. “If you try to deceive the United States, then you will pay a heavy price,” said U.S. Attorney General Jeff Sessions. “Volkswagen’s scheme to cheat its legal requirements went all the way to the top of the company.”

However, the burden of tangible justice will likely fall on Europe. Germany doesn’t make a habit of extraditing citizens for trial, and it’s still conducting its own investigation into VW Group’s emissions-cheating scandal — which it intends to continue.

“Our investigation strategy does not change just because the Americans have filed charges against Winterkorn,” a spokesman for the prosecutors’ office of Brunswick said on Friday. You’ll have to excuse us for not having much faith Germany’s justice system, as its current strategy appears to involve conducting as many raids as humanly possible without any results.

The only exception was the arrest of Joerg Kerner, an engineer in charge of Porsche’s engine division who was working at Audi during the initial scandal, in April of this year. But Kerner was only detained because authorities viewed him as a flight risk. As of this writing, he hasn’t officially been charged with anything.

From what we know, German prosecutors are interested in a handful of VW Group executives, though none have come up on any charges. Whether or not Germany feels like a lengthy jail sentence is the right way to handle corporate crime, the fact remains that it has raided Audi, Porsche, and VW numerous times with little to show for it. The scandal broke nearly three years ago.

Meanwhile, Winterkorn is the ninth person to face criminal charges in the U.S. relating to the emissions-cheating scandal. Two pleaded guilty and have since been sentenced.

Volkswagen itself seems to have recovered, though. With Herbert Diess replacing Matthias Müller — who is now under investigation — as CEO, the company appears to have removed most of the high-profile suspects from its ranks. It also reported a 28 percent jump in first-quarter operating profits this year. Even VW’s share price has largely rebounded from its scandal-related crash. While still below its pre-dieselgate high, it’s healthy enough to presume VW is out of any immediate danger.

We’ll have to wait and see if Germany bothers to attempt to place Winterkorn, or anyone else, in front of a judge. The E.U. has pressed the nation for stricter enforcement of automotive regulations, but nobody in Europe seems all that hungry for blood. Regardless, Diess has promised to step up Volkswagen’s integrity and compliance efforts to ensure something like the emissions fiasco never happens again.

“Volkswagen has to become more honest, more open and more truthful,” Diess told shareholders at the company’s annual general meeting in Berlin. “Besides abiding by the rules and obeying the law, the key here is always ethics — a clear moral compass.”

[Source: Automotive News]

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Voyager Voyager on May 05, 2018

    Interesting development. The U.S. have brought charges against Winterkorn (and may wel ask for extradition), whilst U.S. states start litigation against the EPA for its emissions rollback.

  • Skor Skor on May 05, 2018

    They're getting Probed? I guess have a rusty, old Mazda MX-6 twin dumped in front of their HQ will be quite annoying.

  • Wjtinfwb No confusion on my end, Ghost. The Government has zero role in job creation outside of the legitimate opportunities' created by Government going about it's responsibilities, namely keeping the American people and territory safe from foreign intrusion. Of course, they're failing epically at that but that's a different topic. The American free enterprise system is what enables job creation. Government's role is to stay out of the way of that system, but they seem incapable of doing so. Oil & Gas exploration is just one example. If a National Job Policy is what you're looking for, there are other countries that will be happy to accept your application for residency.
  • Michael Smith I drive 100-300 miles a day in new BMWs, Mercedes-Benzes, and GM SUVs. Some are already equipped with automatic braking.It's the first thing I turn off when I start the car.I've had experiences where (as the author notes) the system gave false alarms and stabbed the brake pedal, threatening my ability to control the car.Further, every driver encounters situations where, for example, legal following distance must be momentarily compromised in order to avoid a difficult situation. When the system intervenes, it disrupts the driver's plan of action. This can lead to a collision as the driver has to suddenly react not to his surroundings, but to the system.Not only is automatic braking an insult to skilled drivers, it's dangerous to everyone.
  • Dave M. My hipster daughter is greatly into it. We watched the race together this weekend. It was interesting but I'm not devoted to it like she is. She'll be at the Austin race in October.
  • Bd2 I'll watch F1 when Kia and/or Hyundai pony (pun intended) up the cash to field a class leading team. Hyundai is leading many series with the Elantra N with it's incredible 350HP Smartstream-R engine.
  • Steve Biro There are 24 races on this year’s F1 schedule. And I guarantee you no more than two will be reasonably exciting, Meanwhile, F1’s reception for Andretti reveals the dark underbelly of the sport. I have followed F1 since the 1960s and, frankly, I am running out of interest. I’ll catch a race if it’s convenient but won’t bother DVRing them.
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