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Former Porsche CEO Wiedeking indicted over VW takeover bid

Do you recall the failed efforts by Porsche to take over Volkswagen? According to a Bloomberg report, former Porsche CEO Wendelin Wiedeking (above) and ex-CFO Holger Haerter have finally been charged with market manipulation over the exercising of options as part of the German sportscar manufacturer's ill-fated attempt to take over the much larger VW. That failed bid eventually resulted in the reverse coming true - VW swallowing Porsche.
The charges leveled by Stuttgart prosecutors come after a three-year investigation centered around allegations that Porsche execs made a concerted effort to increase the company's share in VW to 75 percent in preparation for a hostile takeover. Porsche had previously told its investors on at least five occasions that it had no intention to buy VW.
Portions of the investigation have subsided, according to prosecutors, citing an inability to prove certain improprieties with a "necessary degree of certainty." The number of charges is down to 5 from a previous 14 counts regarding "information-based market manipulation."

German authorities claim 2.8 million VW diesels evaded testing

While Volkswagen admits that there are 11 million diesel vehicles around the world that may be able to evade emissions testing, investigations by government authorities are starting to provide a glimpse of where some of those actually are. According to German Transport Minister Alexander Dobrindt, there are 2.8 million VWs in the country with the tech to cheat environmental rules, Reuters reports. In the US, at least 482,000 cars are believed to be affected. German regulators claim not knowing about the automaker's emissions testing evasions until quite recently, and Dobrindt didn't begin a fact-finding mission into the situation until just this week. Environmental agencies around the world have also begun their own inquiries into the scandal, including in Canada, South Korea, and many countries in Europe. In the US, where the story originally broke, the Department of Justice has started a criminal investigation into VW, and a maximum fine from the Environmental Protection Agency could tally $18 billion. The automaker has responded so far by setting aside about $7.3 billion to fix the affected models. CEO Martin Winterkorn is also already gone, and Porsche boss Matthias Muller is taking the top spot. The company's next moves still aren't clear, though. "VW needs to be very open about what has happened, how it was possible that this could happen to make sure that this never happens again in the future," an anonymous, top shareholder in the company said to Reuters.

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.