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$1.4B hedge fund suit against Porsche dismissed

Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.

Audi's CEO might not have known of VW emissions scheme

There's been no shortage of finger-pointing when it comes to finding people to blame for the Volkswagen diesel-emissions scandal that broke last September. One rather powerful executive, however, appears to have escaped blame. That would be Audi CEO Rupert Stadler, whose company sold about 85,000 diesel vehicles with emissions-cheating software, Reuters says, citing people familiar with the process. US law firm Jones Day questioned executives at both VW and its Audi unit and has found no evidence that Stadler was complicit with the plan, which involved programming Volkswagen-made diesel engines to produce artificially low emissions when the vehicle was being smog-tested. In Audi's case, the engine type in question was the 3.0-liter V6 diesel. Officials with both VW and its Audi unit declined to comment, according to Reuters. That engine was used for the Audi A6, A7, A8, Q5, and Q7 since the 2009 model year, in addition to the VW Touareg and Porsche Cayenne. Audi also sold the VW Group 2.0-liter four-cylinder in the A3 from 2010 to 2013 and 2015. VW has reached an agreement with US regulators concerning that engine, which is also not connected to Stadler. Last month, German newspaper Bild am Sonntag published specifics on how the 3.0-liter diesel cheated the emissions-testing process, including records that the motor was programmed to shut of its emissions-control equipment after 22 minutes of running, or about two minutes longer than typical emissions-compliance testing. Audi said last November that it would work on a software update for the V6's emissions-control system that would be submitted to both the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA), but the VW unit hasn't reached any settlement with US regulators implying that a solution was agreed upon. Volkswagen's settlement with the EPA will cost Europe's largest automaker as much as $15 billion in the form of buybacks, lease buyouts, vehicle repairs, and investments in zero-emissions technology. VW sold about a half-million vehicles in the US that contained the so-called "cheat" software. Related Video: News Source: Reuters Government/Legal Green Audi Volkswagen Diesel Vehicles vw diesel scandal scandal Rupert Stadler

Feds allege widespread Volkswagen cheating on clean-air rules

Volkswagen intentionally installed software in nearly a half-million diesel vehicles that helped the cars evade substandard results on emissions tests, the federal government charged Friday. The Environmental Protection Agency issued a notice of violation to the German automaker, saying the company's software broke the law by violating two provisions in the Clean Air Act. Circumventing the standards meant affected cars emitted as much as 40 times the allowable level of certain pollutants. Both the EPA and California Air Resources Board have launched investigations. In its notice of violations, the EPA said Volkswagen officials admitted to installing and concealing what they call a "defeat device," which was designed to detect when the cars were undergoing official emissions tests – and only turn on emissions controls during that time. "Our goal now is to ensure that the affected cars are brought into compliance, to dig more deeply into the extent and implications of Volkswagen's efforts to cheat on clean air rules, and to take appropriate further action," said Richard Corey, executive officer of CARB. The allegations cover approximately 482,000 vehicles sold in the United States over the past seven years. Cars involved include diesel versions of the Jetta, Beetle, Audi A3 and Golf manufactured between the 2009 and 2015 model years. Passats manufactured for the 2014 and 2015 model years are also included. Federal officials note there is no safety danger to motorists, but the cars will be recalled for repairs. If true, Volkswagen faces a fine that could run in the hundreds of millions of dollars -- likely higher than the $300 million charge the EPA levied last November at Hyundai and Kia for exaggerating the fuel-economy in several models. The charges also put a tremendous dent into the company's plans to increase sales of its "Clean Diesel" vehicles in North America. In a written statement, Volkswagen Group of America acknowledged it had received the notices from the EPA and CARB. "VW is cooperating with the investigation; we are unable to comment further at this time," it said. Federal officials said the defeat-device software was uncovered during an independent analysis by researchers at West Virginia University, who in working with the International Council on Clean Transportation, a non-governmental organization, raised questions about emissions levels.