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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.

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.

If VW defaults on loans it may sell Bentley or Lamborghini

If something goes catastrophically wrong with Volkswagen Group's recent $21 billion loan, brands like Bentley or Lamborghini could hit the auction block. According to two insiders to Reuters, the beleaguered German automaker agrees with its creditors to sell assets if the company somehow can't pay back the debt in a year. One of these anonymous people claimed the company hasn't yet deliberated over what to sell. However, the sources were willing to speculate that the power engineering portion of Man could be among the first to go. "Volkswagen may also consider divesting luxury car brands Bentley and Lamborghini or motor bike brand Ducati, although these units don't really move the needle," an insider said to Reuters. VW Group negotiated with the banks earlier this week to get the massive loan. The cash is necessary as a buffer in case the automaker doesn't have enough money on hand to repair vehicles or settle upcoming fines. VW would reportedly issue bonds in the spring to begin paying the debt. The company's bills will start racking up quickly in the new year. German authorities mandate a recall there in early 2016, and repair campaigns in the US for the 2.0- and 3.0-liter diesel engines are inevitable. There are also hundreds of class-action lawsuits to settle. The company needs to resolve its CO2 emissions scandal in Europe, too. In response to these financial threats, VW management created a cost-cutting plan to slash the research and development budget by $1.1 billion next year.