#HotLegalAction

A judge hearing a case brought by investors against Volkswagen has deemed its former corporate head, Martin Winterkorn, was too slow in addressing the emissions test cheating that steered the automotive giant into colossal U.S. fines. It’s an early blow against the German company in a suit seeking $10.6 billion in damages for stock losses suffered when the scandal finally became public.

“Anyone acting in good faith would have followed up on this information,” Judge Christian Jaede of the ex-CEO during the second day of hearings held at the Braunschweig higher regional court. “This appears not to have happened.”

Volkswagen Group will be staring down the barrel of a courtroom next week, which isn’t anything new. The automaker’s investors want 9.2 billion euros ($10.7 billion) in compensation after arguing the carmaker should have informed shareholders about a diesel emission scandal before regulators got the word out in 2015.

The lawsuit groups 1,668 individual claims, primarily those brought in by VW’s institutional shareholders, who previously accused the automaker of failing to inform investors about the scope of a scandal. Volkswagen’s excuse has always been that top brass had no idea the issue would be serious enough to cost the company 27.4 billion euros in punitive fines. But new evidence continues to emerge that upper management was well aware of the defeat devices’ existence.

On Monday, former Fiat Chrysler Automobiles labor relations chief Alphons Iacobelli was sentenced to 66 months in federal prison for tax evasion and his key role in the corporate conspiracy to win favorable treatment from the UAW. Apparently, his plea agreement didn’t help him avoid jail time, but it was enough to shave a few years off his sentence.

Iacobelli pleaded guilty to federal charges of conspiring to violate the Labor Management Relations Act and for subscribing a false tax return in January. At the time, he was facing a maximum sentence that included eight years in prison. However, his $835,000 tax-restitution case is yet to be resolved and will be decided upon at a future date. Iacobelli will continue assisting with the investigation in the interim and, likely, beyond.

A trio of “driving enthusiasts” briefly shut down San Francisco’s Bay Bridge on Sunday morning after they decided it was the perfect place to do donuts. The vehicle’s involved appear to be a MkIII Toyota Supra and a pair of SN-95 Mustangs. According to the California Highway Patrol, the older of the two Mustangs was nabbed while its New Edge kindred escaped with the Supra — probably to get brunch somewhere across town.

Other drivers were also stopped and issued citations for illegal modifications, presumably because the cops couldn’t prove they helped stop traffic so the lead cars could put on a smoke show.

Tesla may be going private, according to a Tuesday message from Elon Musk’s Twitter account. “Am considering taking Tesla private at $420. Funding secured,” the CEO wrote. “Good morning,” he said immediately afterward, accompanying the message with the smiley face emoji.

What followed was rampant media speculation as to whether Musk was in his right mind or not, while Musk continued responding to questions online.

“I don’t have a controlling vote now & wouldn’t expect any shareholder to have one if we go private. I won’t be selling in either scenario,” he said after being asked whether it would be an outright sale and if he could retain control of the company. “My hope is *all* current investors remain with Tesla even if we’re private. Would create special purpose fund enabling anyone to stay with Tesla. Already do this with Fidelity’s SpaceX investment.”

Meanwhile, CNBC and a few other news outlets noted that the number 420 has a special significance in the marijuana-smoking community and that Musk’s good-morning tweet was issued at around 1:30 p.m. Eastern, which — gasp — isn’t in the morning at all!

Even though the United States has already penalized and fined the crap out of Volkswagen for selling vehicles equipped with emissions-cheating defeat devices, the company remains in hot water. Earlier this month, Germany imposed a fine of $1.2 billion over the “dieselgate” scandal.

“Volkswagen accepted the fine and it will not lodge an appeal against it,” the company said. “Volkswagen, by doing so, admits its responsibility for the diesel crisis and considers this as a further major step towards the latter being overcome.”

On Monday, the U.S. Ninth Circuit Court of Appeals also upheld a $10 billion settlement between Volkswagen and the owners of 2.0-liter TDI vehicles that came equipped with the illegal software. The ruling pertains to roughly 475,000 customers. VW agreed to offer owners of the 2.0-liter diesels between $5,100 and $10,000 in compensation, in addition to the value of the vehicle.

Professional wrestler John Cena has settled a lawsuit filed by Ford Motor Company over the sale of his Ford GT for an undisclosed amount. If you’ll recall, the automaker affixed a clause to the purchasing agreement that forbade buyers from reselling the vehicle for 24 months.

However, after the automaker filed its lawsuit, Cena’s legal team alleged there was a legal loophole that allowed for the flip. Since the agreement was not included in the final dealer documents, it speculated there was some wiggle room. Regardless, it doesn’t appear to have been enough to squirm away from Ford’s contract entirely.

The UAW-Chrysler National Training Center, which remains in the midst of a multimillion-dollar federal corruption scandal, is suing Fiat Chrysler Automobiles officials and a union leader’s widow for over $4.4 million in damages. If you’ll recall three FCA employees filed a federal lawsuit against the automaker and the UAW seeking hundreds of millions of dollars in damages over allegations that union officials colluded with company executives to influence collective bargaining earlier this year.

Now it’s time for the National Training Center to get a piece of the action. The lawsuit, filed Friday in Oakland County Circuit Court, targets former FCA labor negotiator Alphons Iacobelli; Monica Morgan-Holiefield, the widow of former UAW Vice President General Holiefield; and ex-FCA financial analyst Jerome Durden. Money was believed to be funneled through the training facility by a policy created by company officials to bribe UAW leaders into giving the automaker favorable treatment during collective bargaining.

Following the private sale of his Ford GT, superstar wrestler John Cena found himself looking down the barrel of the automaker’s legal team. Ford had publicized that the chosen recipients of the exclusive model were forbidden from selling it within the first two years of taking delivery. Cena was in breach of contract, or so it initially seemed.

Things became murky when the former “Doctor of Thuganomics” had his legal council point out that the dealer’s sales agreement included no such clause. The matter is now before the courts, with Ford seeking damages and Cena asking for dismissal.

Keeping that in mind, it’s more than a little surprising that another second-generation GT is being offered for sale just a few months later. The vehicle in question is number 48 out of 250 from the 2017 model year — and it’s currently up for auction in Indianapolis.

Volkswagen’s new chief executive officer, Herbert Diess, is believed to have met with the United States’ Department of Justice and Federal Bureau of Investigation last week to discuss the manufacturer’s emissions scandal. Details on the matter are scare at present, but the meeting would explain why the U.S. was willing to provide the CEO with a safe-passage guarantee.

While VW has previously stated its cooperation in various investigations, it declined to comment on Diess’ alleged visit to federal authorities.

Shortly after the United States formally accused former CEO of Volkswagen Martin Winterkorn of criminal wrongdoing related to the company’s diesel emission scandal, it decided to let the company’s new boss know that he’s safe to visit whenever he likes. The U.S. Justice Department has agreed to give Herbert Diess a safe-passage deal that allows him to travel without fear of being arrested.

Diess was also given the country’s assurance that he’ll be given advance notice if prosecutors eventually decide to charge him over the emissions cheating issue. So far as we know, no such deal exists for his predecessor, Matthias Müller, who replaced Winterkorn in September of 2015.

Former Volkswagen CEO Martin Winterkorn has been charged by U.S. prosecutors with conspiracy and wire fraud, according to an indictment that was unsealed in a Michigan federal court on Thursday. For those of you who have been following the Dieselgate scandal from the beginning, this has been a long time coming.

Winterkorn has been at the epicenter of the emissions-cheating issue since before VW’s earliest admissions and was swiftly removed from his post as the automotive group’s chief executive in 2015. He also had a major falling out with ex-supervisory board chairman Ferdinand Piëch after being confronted on the emissions issue during the Geneva Motor Show.

The two had previously held a very close relationship but a power struggle within the organization appeared to have been brewing for quite some time, making the scandal an important turning point. Piëch became vaguely accusatory of Winterkorn in the aftermath and eventually cut ties with the company and, by extension, his family. All the while Winterkorn was under investigation in both the United States and Germany.

America’s gas war is heating after 17 states, as well as the District of Columbia, filed a lawsuit against the Environmental Protection Agency’s decision to redefine U.S. vehicle emissions and fuel efficiency rules through 2025.

In April, EPA chief Scott Pruitt said the existing standards for model year 2022 to 2025 vehicles should be revised. The suit, filed in the U.S. Court of Appeals for the District of Columbia, alleges the EPA acted unpredictably, failed to follow its own regulations, and was in direct violation of the Clean Air Act. New York Attorney General Eric Schneiderman claimed the “Trump administration conducted a phony study” to justify altering emission rules to appease automakers and the oil industry.

Meanwhile, U.S. Representatives Doris Matsui of California and Paul Tonko of New York are demanding the EPA hand over all documents related to the study that resulted in the proposed changes to fuel economy standards.

During the Trump administration’s year-long quest to roll back Corporate Average Fuel Economy (CAFE) targets, it attempted to give automakers in violation of the current standards a break by delaying the scheduled increase of penalties. The logic here is that the federal government is reassessing the Obama era standards, so it lumped in the new fines that were supposed to go into effect last July.

Those penalties represent an increase of $8.50 for every tenth of a mile per gallon a new car consumes above the minimum fuel standard. But with the new targets in quasi limbo, the updated fines were not being applied.

On Monday, a federal appeals court ruled the Department of Transportation cannot do that. Since the old rules are technically still in effect, the court ruled that automakers are still subject to the fine.

The National Transportation Safety Board, which is currently investigating last month’s fatal crash involving Tesla’s Autopilot system, has removed the electric automaker from the case after it improperly disclosed details of the investigation.

Since nothing can ever be simple, Tesla Motors claims it left the investigation voluntarily. It also accused the NTSB of violating its own rules and placing an emphasis on getting headlines, rather than promoting safety and allowing the brand to provide information to the public. Tesla said it plans to make an official complaint to Congress on the matter.

The fallout came after the automaker disclosed what the NTSB considered to be investigative information before it was vetted and confirmed by the investigative team. On March 30th, Tesla issued a release stating the driver had received several visual and one audible hands-on warning before the accident. It also outlined items it believed attributed to the brutality of the crash and appeared to attribute blame to the vehicle’s operator. The NTSB claims any release of incomplete information runs the risk of promoting speculation and incorrect assumptions about the probable cause of a crash, doing a “disservice to the investigative process and the traveling public.”