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VW lawyers up with firm that defended BP

The string of bad news for Volkswagen shows no sign of slowing yet, especially with the recent resignation of CEO Martin Winterkorn. For aid in its legal defense in the US over its ongoing diesel emissions scandal, the automaker has now employed Kirkland & Ellis LLP, which was the same law firm BP used for the Deepwater Horizon oil spill, according to Automotive News. VW is surely hoping that things go easier for it than BP. After the massive oil spill, the company paid $4 billion to settle criminal allegations and another $18.7 billion for the other federal and state claims, Automotive News reports. We'll see. Based on fines for each of the 482,000 diesel vehicles with this evasive software in the US, VW could be on the hook for $18 billion from this lapse. In addition, 11 million units are potentially affected across the globe, and the company is already setting aside 6.5 billion euros ($7.25 billion) in expected costs. The automaker's stock on the German exchange is being hit hard by this scandal. The original discovery of high pollution levels in VW's 2.0-liter TDI engine began with researchers last summer, and the Environmental Protection Agency and the California Air Resources Board had been working on the problem for months before the EPA issued its notice of violation on September 18. A criminal investigation has now begun. The day before his resignation, Winterkorn issued a video where he apologized profusely for the scandal and promised to make things right.

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.

Volkswagen Golf Wagon caught completely uncovered

Without a lot of information to go with them, our camera-toting spies have captured some new images of a Volkswagen Golf wagon variant that is almost completely undisguised. In fact, the one piece of camouflage on the tidy wagon would probably have gone unnoticed to most casual viewers. Look closely at the rear three-quarter view of the car and you'll notice that the apparent taillight clusters are actually fakes - the outline of the real units is faintly visible behind the blue bodywork and the sticker-like fake taillights.
It's a good guess then, that this Golf wagon (called a Golf Kombi by our spy photographer) is a prototype that's pretty far along in the development cycle for Volkswagen. We can't be sure what impact this will have on the company's small wagon offering here in the US, but we'd be pretty surprised if something very like this didn't end up as the next Jetta SportWagen. We might well have more information on that front, after we visit Geneva next week.