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Prosecutors indict three FCA employees in alleged emissions-cheating case

Federal prosecutors indicted three Fiat Chrysler Automobiles (FCA, now Stellantis) employees as part of an investigation into alleged emissions cheating. Charges unsealed on April 20, 2021, accuse the defendants of helping rig the emissions control system fitted to the 3.0-liter turbodiesel V6 used in some models during the 2010s. Prosecutors claim Emanuele Palma, Sergio Pasini, and Gianluca Sabbioni played a determining role in developing a defeat device that allowed the V6 to obtain certification from the Environmental Protection Agency (EPA) while polluting too much in normal driving conditions. Jeep and Ram began making the engine available in the Grand Cherokee and the 1500, respectively, in 2014, but the charges state plans to game the EPA started in 2011. Palma, Pasini, and Sabbioni knowingly mislead federal regulators, the charges claim; they called it "cycle beating," according to The Detroit News. While the three men were part of FCA's research and development department, they started the project while working for an Italian supplier named VM Motori, which FCA purchased in 2013. Pasini and Sabbioni are each charged with one count of conspiracy to defraud the United States and to violate the Clean Air Act, one count of conspiracy to commit wire fraud, and six counts of violating the Clean Air Act. They could spend several years behind bars if they're found guilty. Both are currently in their home country of Italy. Palma's legal troubles are more serious. He was charged with several counts in September 2019, though four wire fraud charges were dropped in November 2020. He lives in Bloomfield Hills, a city located on the far outskirts of Detroit. Prosecutors claim motorists spent over $4 billion on over 100,000 trucks and SUVs fitted with the non-compliant engine between January 2013 and September 2017. FCA has already agreed to pay $800 million to resolve civil claims from the Justice Department, state officials and customers, though it significantly has not admitted guilt. It stressed that "it did not engage in any deliberate scheme to install defeat devices to cheat emissions tests."

Feds fretting over remote hack of Jeep Cherokee

A cyber-security gap that allowed for the remote hacking of a Jeep Cherokee has federal officials concerned. An associate administrator with the National Highway Traffic Safety Administration said Thursday that news of the breach conducted by researchers Chris Valasek and Charlie Miller had "floated around the entire federal government." "The Homeland Security folks sent out broadcasts that, 'Here's an issue that needs to be addressed,'" said Nathaniel Beuse, an associate administrator with the National Highway Traffic Safety Administration. Valasek and Miller commandeered remote control of the Cherokee through a security flaw in the cellular connection to the car's Uconnect infotainment system. From his Pittsburgh home, Valasek manipulated critical safety inputs, such as transmission function, on Miller's Jeep as he drove along a highway near St. Louis, MO. The scope of the remote breach is believed to be the first of its kind. The prominent cyber-security researchers needed no prior access to the vehicle to perform the hack, and the scope of the remote breach is believed to be the first of its kind. A NHTSA spokesperson said the agency's cyber-security staff members are "putting their expertise to work assessing this threat and the response, and we will take action if we determine it's necessary to protect safety." A Homeland Security spokesperson referred questions about the hack to Chrysler. Fiat Chrysler Automobiles has already been the subject of a federal hearing this month, in which officials scrutinized whether the company had adequately fixed recalled vehicles and repeatedly failed to notify the government about defects. But cyber-security concerns are a new and different species for the regulatory agency. Only hours before the Jeep hack was announced by Wired magazine earlier this week, NHTSA administrator Dr. Mark Rosekind said hacking vulnerabilities were a threat to privacy, safety, and the public's trust with new connected and autonomous technologies that allow vehicles to communicate. NHTSA outlined its response to the cyber-security challenges facing the industry in a report issued Tuesday. In it, the agency summarized its best practices for thwarting attacks and said it will analyze possible real-time infiltration responses. But the agency's ability to handle hackers may only go so far.

Fiat Chrysler dumped 40,000 unordered vehicles on dealers

In a move that echoes recent history, Fiat Chrysler has been making more cars and trucks than dealers in the U.S. are willing to accept, with Bloomberg reporting that at one point the automaker had built up a glut of around 40,000 unordered vehicles. That’s led some dealers to accuse FCA of reviving the dreaded “sales bank” accounting practice of obscuring inventory to improve the balance sheet. The company reportedly began building up its inventory of unordered cars this summer despite an industrywide slowdown in sales and an eagerness by some dealers to thin their inventories because rising interest rates are making it more expensive to hold unsold cars. The inventory build-up also coincided with Fiat ChryslerÂ’s efforts to find a merger partner, first with Renault, which fell through, then last monthÂ’s announcement that it will merge with FranceÂ’s PSA Group. FCA denies any such scheme and tells Bloomberg the rising inventory is down to a new predictive analytics system designed to better square supply with demand from dealers that is helping the company save money and narrow the numbers of unsold vehicles. The company recently agreed to pay a $40 million civil penalty to the U.S. Securities and Exchange Commission to settle a complaint that it paid dealers to report fake sales figures over a span of five years. While no one is suggesting that FCA is in dire financial straits — the company saw higher than expected earnings in the third quarter and record profits in North America — the practice has strong historical precedent by Chrysler, which built up bloated inventories in the run-up to its two federal bailouts, in 1980 and 2009. It was also common at GM and Ford during the 2000s, when all three Detroit automakers struggled with excess manufacturing capacity and plummeting sales in the lead-up to the Great Recession. Back in 2012, CFO Magazine wrote about a report that explained automakersÂ’ rationale for the practice and how it works: Say fixed costs for a given factory are $100, and that the factory can make 50 cars. Consumers, however, demand only 10. Under absorption costing, if the company makes all 50 cars, its cost-per-car is $2. If it makes only up to demand, or 10 cars, the cost-per-car is $10. Although each car adds variable costs for steel and other parts, if those costs are low, the company still has an incentive to make more cars to keep the cost-per-car down.