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West Virginia sues VW for fraud, asks for major financial penalty

It took just four researchers, including two students, at West Virginia University doing some emissions tests eventually to engulf Volkswagen in an international scandal that has been raging for weeks. Now, the state's attorney general Patrick Morrisey has filed a formal complaint against the automaker's US branch for violating the West Virginia Consumer Credit and Protection Act. His argument alleges that VW "fraudulently manufactured, advertised, and sold" these polluting diesel vehicles as being good for the environment. If the West Virginia case is successful, VW could be on the hook for serious monetary punishment. Morrisey asks that any consumers in the state get refunds totaling the premium paid over a gasoline model, the loss in resale value, and the expected costs of lost performance from the upcoming recall repair. On top of that, the automaker would pay the state $5,000 for each violating vehicle and all of the related costs for preparing for the trial. According to the complaint's legal documents (here, as a PDF), the state's DMV currently shows 2,684, diesel 2009-2015 VW vehicles registered there. Morrisey isn't the only state attorney general to take a stern look at VW's actions, and his counterparts in at least 29 other states are investigation similar courses of action, as well. In addition, the Department of Justice and Environmental Protection Agency have their own probes underway. The final result could be very expensive for the automaker. Attorney General Patrick Morrisey Files Complaint Against Volkswagen of America, LLC 10/5/2015 CHARLESTON — Attorney General Patrick Morrisey announced today that his Office filed a complaint against Volkswagen of America, Inc. (Volkswagen), alleging the business violated the West Virginia Consumer Credit and Protection Act. The complaint alleges that Volkswagen fraudulently manufactured, advertised and sold a line of "clean diesel" vehicles with Turbo-charged Direct Injection (TDI) engines. "Volkswagen allegedly knowingly engineered certain vehicles to cheat U.S. emissions tests," Attorney General Morrisey said. "That is one reason why we have filed this complaint." A May 2014 study conducted by the Center for Alternative Fuels, Engines & Emissions at West Virginia University found elevated levels of emissions on several Volkswagen cars. Their data was then turned over to the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board.

VW still set on Phaeton redux despite cost-cutting drive and losing $32k per car

While critically well regarded, the Volkswagen Phaeton has proven to be a vehicle largely unloved by luxury buyers around the world. Despite this, it refuses to die. While VW's luxury sedan hasn't been sold in the US since 2006 due to low sales here, it has soldiered on in Europe with occasional updates. As the model's long lifespan has been winding down, VW has decided to keep pushing the Phaeton into a new generation, despite in-house alternatives like the Audi A8 and Bentley Continental Flying Spur. The move might not make much business sense, but Volkswagen executives are determined to make the Phaeton work. According to market analysts speaking to Reuters, developing the next-gen luxury sedan on the MLB platform could cost as much as 650 million euros ($737 million), despite relying on the same underpinnings in the A8. It's not like the Phaeton is leading the luxury sedan sales ranks, either. Reuters notes VW produced just 5,812 of them in 2013 (the most current year with data), and from 2002 to 2012, the automaker reportedly lost 28,000 euros ($32,000) on each example sold. Conversely, Mercedes-Benz sold 103,737 units of its new S-Class in 2014, an astonishing 82.2 percent jump over the previous year. The decision to keep the Phaeton going doesn't seem to square with the VW brand's cost-cutting strategy. Boss Martin Winterkorn announced last year a plan to save 5 billion euros ($5.7 billion) annually in the coming years. That plan reportedly also includes killing off less profitable models. Apparently, VW can't just rip off the band-aid and get rid of the Phaeton. Even some VW bosses seem somewhat perplexed at the sedan's business case. When Reuters asked the company's US boss Michael Horn about selling the Phaeton here, he said. "That's a dangerous question. It's an image bearer with no relevance for volume." The next-gen Phaeton is scheduled to go on sale in Europe in 2017 or 2018, according to Reuters, which is about a year later than previous rumors. A US launch will reportedly follow in 2018 or 2019 with the plug-in hybrid and potentially even diesel versions on offer. A starting price around $70,000 is estimated. Featured Gallery 2011 Volkswagen Phaeton View 15 Photos News Source: ReutersImage Credit: Volkswagen Plants/Manufacturing Volkswagen Luxury Sedan vw phaeton cost cutting

How the Volkswagen cheating probe developed

Fallout from Volkswagen's revelation that it engaged in cheating on emissions testing continued Monday, with the company's stock falling more than 15 percent and a Congressional subcommittee announcing an investigation into the German auto giant's conduct. Both the Environmental Protection Agency and California Air Resources Board served Volkswagen with a Notice of Violation on Friday, saying the company intentionally circumvented emissions standards by using "defeat devices." Here's a look back at the agencies' emissions enforcement history and how the charges involving Volkswagen developed. August 1998 – Honda spends $267 million to settle charges it violated the Clean Air Act by disabling "misfire monitoring devices" installed on more than 1.6 million vehicles. Ford spends $7.8 million to settle a charge it violated the Clean Air Act by installing defeat devices on 60,000 Ford Econoline vans. May 2014 – Working with the International Council on Clean Transportation, researchers at West Virginia University find significantly higher in-use emissions from a 2012 Jetta and 2013 Passat and alert the EPA to their findings. November 3, 2014 – Korean automakers Hyundai and Kia agree to pay a $100 million fine for overstating the fuel economy on several of their models by as much as six miles per gallon. In announcing the fine, government officials sought to make an example of the two companies to deter further cheating. VW officials admit the vehicles were designed with a defeat device to "bypass, defeat and render inoperative elements of the vehicle emissions control systems." "This type of conduct quite simply will not be tolerated," said then-Attorney General Eric Holder. "And the Justice Department will never rest or waver in our determination to take action against any company that engages in such activities – whenever and wherever they are uncovered." December 2, 2014 – Following discussions that stemmed from West Virginia University's findings, Volkswagen agrees to initiate a recall of 500,000 cars. The company says a software update will fix the nitrous oxide trap technology and selective catalytic reduction technology causing the cars to miss emissions thresholds. May 6, 2015 – CARB wanted to see whether the software fix implemented by Volkswagen worked. Using portable emissions measurement systems, the regulatory officials found NOx emissions were still significantly higher than expected.