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VW diesel incentives could be fuel for prosecutors

In the 2000s, Volkswagen was among the companies that lobbied the government to get buyers of diesel vehicles a tax credit. The automaker even brought some of these models to Washington to show them to politicians. The incentive eventually passed, and about 39,500 customers of the 2009 Jetta TDI and Jetta SportWagen TDI got a $1,300 benefit – for a total cost of around $51 million. Now, according to Reuters, that politicking might come back to bite the automaker when prosecutors finally get cases to trial. The US Department of Justice, the Environmental Protection Agency, and attorneys general in at least 29 states are already investigating VW, and politicians are pushing for criminal and civil actions against the company. According to Reuters, there could be several legal routes available, too. One option is to bring tax fraud charges, and that would require proving the automaker knew it was making untrue claims about the diesel models. There's also the option of bringing a case under the False Claims Act, which prohibits fraud against the government. According to Reuters, a maximum penalty under the law would be three times the tax credit and another $5,000 for each vehicle that received it. The company is also facing a class-action lawsuit from disgruntled owners. To aid its defense against all of these claims, VW has hired the same firm that worked with BP during the Deepwater Horizon oil spill. Outside of the US, prosecutors in Germany have just started to build a case against former CEO Martin Winterkorn for alleged fraud. In addition to these potential legal penalties, VW could be fined around $18 billion by the EPA for the emissions infractions. The agency's investigation is getting the added backing of its Canadian counterpart. Although, the actual settlement is expected to be far less.

BMW says its diesels are above board

BMW got yanked into the riptide of the Volkswagen diesel scandal thanks to a report in Auto Bild, which Auto Bild has now clarified. On Thursday the German magazine said that when the International Council on Clean Transportation tested the X3 xDrive 2.0d, the ICCT discovered the diesel X3's tailpipe emissions exceeded the European limit by more than 1,100 percent. The key detail, though, is that apparently at no time did the ICCT find that BMW cheated on any emissions tests. No one has explained why the X3 diesel had such high emissions and the ICCT wouldn't comment on the Auto Bild report. But the mag has issued a clarification asserting that in spite of the excessive emissions, there is no evidence BMW engaged in regulatory subterfuge. Every other BMW vehicle ICCT tested was within compliance, but the organization's report from October 2014 - that no one paid attention to - found that nitrogen oxide emissions in 15 vehicles it tested averaged seven times the European limit. The brand's stock is still suffering from the taint. It dropped almost ten percent the day the report came out before rallying to close at five percent down. But on Monday BMW stock closed at 84.01 euros, and as of writing on Friday it's still trying to fight its way back above 80 euros. With so many people still just trying to find out how widespread the the issue is, and trust rather low, it's likely BMW won't be the one dragged down, fairly or not. Related Video:

Volkswagen pushed back against Takata airbag recall

Volkswagen and Audi will recall about 850,000 vehicles in the US to replace their Takata-supplied driver side airbag inflators, but the automaker doesn't believe the safety campaign is entirely necessary. In a letter to the National Highway Traffic Safety Administration, the company pushes the agency to re-evaluate the recall's scope because the parts are allegedly safe, it claims. VW asserted in the letter, which NHTSA posted online (as a PDF) with other documents about the company's safety campaign, that the vast majority of the automaker's recalled vehicles used Takata inflators from the supplier's factory in Freiburg, Germany. Only the US-built Passat had components from Takata's plant in Mexico. VW's argues to NHTSA that its recall is unnecessary because there are no reported airbag ruptures in the German-made parts, and the plant has better quality control than Takata's factories in the US and Mexico. In addition, the Mexico-manufactured components in the Passat are also allegedly safe because they come from a time after significant upgrades to the plant to address humidity and welding concerns. "We do not believe the facts known to date support the scope as defined in the Takata defect notification," VW's letter says. To be clear, VW is not refusing the Takata recall and plans to fix the affected vehicles. Instead, this letter shows the automaker expressing an opinion that NHTSA's scope for the campaign is too broad. VW now plans to do its own analysis on the inflators to strengthen that case, according to The Detroit News. "We respectfully request that, should such results be shown, the agency work with Volkswagen and other manufacturers to revisit the scope of these recalls," the letter said. Takata's recalled inflators use ammonium nitrate as a propellant, and experts believe that long-term exposure to high humidity can make the chemical more likely to cause a rupture during airbag deployment. The spray of metal shrapnel from the exploding parts has links to at least 10 deaths. Related Video: