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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Toyota nears $40B cash reserve as calls grow for new investment, payouts

With the April 15 tax deadline just a few months away, our US readers will be faced with a decision should they get a refund: save or spend? It seems this issue is one many of us face whenever there's a windfall, trying to decide whether we should set the money aside in an account of some sort or use it as a down payment on a new car or a trip to the Apple store. Unsurprisingly, major corporations face a similar, albeit more complex, issue.
Take Toyota, for example. With President Akio Toyoda at the helm, the Japanese manufacturer has gracefully weathered recalls and natural disasters, all while turning beaucoup profits. Last quarter, profits quintupled to 434.4-billion yen ($4.3-billion USD), according to Bloomberg. Toyota also upped its forecast for the end of fiscal year 2013 (which ends on March 31 for Japan), to a record 1.9-trillion yen (about $18.8 billion). Now, the Japanese brand is reportedly sitting on a cash pile of nearly $40 billion, leaving Toyoda-san in an envious predicament - what should the company do with all that money?
Some think Toyota should be doing something, anything with that big stack of cash.

Toyota responds to video of Highlander ramming house [w/video]

There are, as they say, two sides to every story, so after we posted a video on Monday showing what an owner claimed to be a case of unintended acceleration causing her Toyota Highlander to crash into a house twice, Toyota reached out to us revealing some additional information about the incident.
Following this crash, which took place back in November, Toyota had this Highlander inspected and pulled data from its Event Data Recorder (EDR), or Black Box as we've come to call it. Not only was this the first time we've seen a claim of unintended acceleration like this caught on video, but now, also a first, we have actual data showing what the vehicle itself recorded during this frightening ordeal.
Brian Lyons, Toyota Communications Manager for Safety and Quality, first gave us some information about the Highlander in question, including the fact that it was a 2012 model. The 2012 Highlander came from the factory with a brake override system, meaning it was not part of the company's initiative in 2010 to add the system to all 2011 models. Also, after looking at the data from the EDR, he said - as many of you pointed out in the comments for the previous post - that the "brake pedal was never touched." In the video, you can see that the crossover's brake lights never come on, and the EDR's data backs this up.