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VW engineering executive sentenced to 40-month prison term in diesel case

reuters.com

121–130 of 227 posts

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#121
post #101

Earlier quoted context omitted.

> And it is very unlikely that the german court system will prosecute them. Germany is cool that its citizens conducted international fraud at a scale the world has never seen?

And the US is cool with "rolling coal" because....

You're comparing industry-wide fraud with an illegal practice that individual citizens do? I'd wager that there are easily 100,000 trucks on the road in the US for every one that can "roll coal".

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#122
post #101
post #81

Earlier quoted context omitted.

> but will the executives involved be held to the same legal standard Yes, they will, but Germany will not extradite them. They already made that clear. And it is very unlikely that the german court system will prosecute them. Haven't heard anything yet, because this might inflict the politicians who backed this Diesel emission testing system for decades. They didn't even go to the technical root yet. Only one made t…

> And it is very unlikely that the german court system will prosecute them. Germany is cool that its citizens conducted international fraud at a scale the world has never seen?

Why wouldn't it? US is cool that its agencies conducted international privacy violation at a scale world has never seen.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#123
post #74

Earlier quoted context omitted.

Doubtful. He made his decisions as an adult, fully aware of what was right/legal - he could have refused but chose not to.

True, they did make a choice. The nuance I'm interested in is whether a person in this situation would reasonably assume they would lose their job, or promotion opportunities, etc, if they didn't do the illegal task as asked. And if so, does that create a civil liability?

This is similar to an argument many Nazis made while being persecuted — "just following orders" isn't generally an acceptable defense.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#124
post #108

I was watching a german program on the VW scandal and was surprised to learn that the German government allowed VW to issue a software patch to correct the problem instead of offering to repair or compensate owners for the cars they purchased. Even with the software patch the vehicles still released emissions that were well above the norm. Also, I don't believe any VW executives have ever been charged in Germany.

Are the emission standards in the US equivalent to those in Germany? From what I recall, the US has tougher standards. Granted, the cars will still be polluting, but they aren't technically illegal; in the US they are illegal to use.

The new US EPA laws do have higher standards but they only went into effect for the 2016 model year when the EPA adopted the California standards. So cars not registered in California and before the 2016 model year aren't held to the California standard unless these states adopted the California standard before the 2016 model year.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#125

I was watching a german program on the VW scandal and was surprised to learn that the German government allowed VW to issue a software patch to correct the problem instead of offering to repair or compensate owners for the cars they purchased. Even with the software patch the vehicles still released emissions that were well above the norm. Also, I don't believe any VW executives have ever been charged in Germany.

I was also very curious how they managed to get my '09 "fixed" somehow via a simple software patch. I would have understood it if it had lost 20% performance or got 20% higher fuel consumption - but that didn't happen. So: if it was that easy to fix legally why did they cheat in the first place?? Of course it can't be that easy. So of course my car is still polluting over the limit. And I think this is a story that i…

There are a lot of different parameters they can change, but the main ones are turbo boost and injection time. It is easy to find one set of values for each power output request that will make the engine run. Now you optimize. The combinations that is over the limits might not be that different than the values that is over the limits, so it is just a matter of trying them all to see what happens. This is done as an educated guess and refinement: we don't know exactly what any gives set will produce, but we have a good guess.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#126
post #118

Earlier quoted context omitted.

In the land of "rolling coal" (0.0), and no TÜV+AU (0),(1), any sudden punishment of violators from outside reeks of market protection. (0) https://en.wikipedia.org/wiki/Technischer_Überwachungsverein (1) https://de.wikipedia.org/wiki/Abgasuntersuchung (non english WP link, basically it means "emission checking") Edit: (0.0) https://en.wikipedia.org/wiki/Rolling_coal

There's a big difference between a few rednecks illegally modifying their personal vehicles and a company selling millions of vehicles that fail emissions standards and trying to cover it up.

Not really, both are stupid and should be punished.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#127

Earlier quoted context omitted.

Why will they not, do they fear they will not get a fair trial in the US or will be punished worse than their crimes dictate?

If they are German citizens, then the German constitution prevents the state from extraditing them (to a non-EU country). https://www.gesetze-im-internet.de/gg/art_16.html

It's strange to me that many countries sign "bilateral" extradition treaties with Germany or other countries with similar policies such as Brazil.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#128
post #74

Earlier quoted context omitted.

Doubtful. He made his decisions as an adult, fully aware of what was right/legal - he could have refused but chose not to.

True, they did make a choice. The nuance I'm interested in is whether a person in this situation would reasonably assume they would lose their job, or promotion opportunities, etc, if they didn't do the illegal task as asked. And if so, does that create a civil liability?

Sounds a bit like "Superior orders" https://en.wikipedia.org/wiki/Superior_orders.

> that the defense of superior orders was no longer considered enough to escape punishment; but merely enough to lessen punishment

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#129

Earlier quoted context omitted.

seems little for a lifetime of unemployment

Why would you be unwilling to hire someone who's demonstrated that they're an ethical person?

why is it suddenly about me? I would. but statistically speaking, hr hiring and firing patterns do penalize any behavior that would get a company into legal trouble.

Re: VW engineering executive sentenced to 40-month prison term in diesel case

#130
post #118

Earlier quoted context omitted.

In the land of "rolling coal" (0.0), and no TÜV+AU (0),(1), any sudden punishment of violators from outside reeks of market protection. (0) https://en.wikipedia.org/wiki/Technischer_Überwachungsverein (1) https://de.wikipedia.org/wiki/Abgasuntersuchung (non english WP link, basically it means "emission checking") Edit: (0.0) https://en.wikipedia.org/wiki/Rolling_coal

There's a big difference between a few rednecks illegally modifying their personal vehicles and a company selling millions of vehicles that fail emissions standards and trying to cover it up.

> selling millions of vehicles

VW sold approximately 475000 affected diesel vehicles in the US (compared to approx. 84.5 million car sales in the same time period).

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