Volkswagen Facing Criminal Charges in Emissions Probe

The investigation that Volkswagen installed illegal “defeat devices” on its cars to cheat emissions tests will reach the U.S. Department of Justice, Bloomberg (via Automotive News) reported.
Sources within the department said they would investigate the automaker, but no details were given.
The Justice Department recently suspended prosecution of General Motors for covering up a faulty ignition switch that was linked to 124 deaths. It’s unclear what, if any charges, could be brought against Volkswagen for the illegal emissions, however the Justice Department charged GM with wire fraud violations in conjunction with its ignition switch coverup.
If charged, Volkswagen would be the latest automaker to feel the government’s wrath in a substantially changing relationship between U.S. authorities and carmakers.
The government fined GM $900 million for their botched recall, Toyota was fined $1.2 billion for unintended acceleration in its cars and Fiat Chrysler Automobiles was fined $105 million for its part in delaying recalls of its cars.
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So, most importantly, what impact will this have on the sale price of that sweeeeeet 2016 GTI I desperately want on my driveway? A few weeks of bad press, then cratering sales across the brand with hungry dealers and manuf. cash running off the hood like a melting popsicle in August? Too much to ask for?
More foreign car brands are suspected of using tricks to fool formal testing. Yahoo Auto says: "While the cars passed the regulated test cycle, almost all spewed more NOx than allowed in real-world driving, with three—one each from Volvo, Renault and Hyundai—belching far more than any other models. The data, the researchers say, pointed to a “serious compliance problem” with European diesels." One can already say that the outcome will be no less than a disaster for all automakers that cheated. To begin with, consequences will not be limited to the U.S. They can not only face hefty fines, perhaps even criminal charges and jail time, but they will also have to compensate diesel car owners for considerable performance and fuel economy loss after the software is taken out AND value depreciation of the cars. This can run into the tens of billions.
so gm came out with a pat on the shoulder for killing hundreds of ppl with defective ingition swithches. and vw criminalized for cheating a test..... free market!!
What I want to know is what were the variables that were tested, and what were the parameters that determined that a VW was being tested instead of being driven? The most obvious might have been stationary wheel position coupled with sustained above idle rpms, but there might be others. Just wondering... Gee, could that be a QOTD? How can I program my ECU to behave differently when being tested, especially, what is the trigger mechanism for going into being-tested mode?