Legal Loophole Offers Volkswagen Criminal Immunity

An anonymous reader writes: According to the Wall Street Journal (paywalled) a loophole in the 1970 Clean Air Act could make it impossible for U.S. prosecutors to subject Volkswagen to criminal charges over its use of standards-dodging 'defeat devices' in its emissions-testing software. Prosecutors are now reported to be considering alternative methods, including (considerably lesser) charges that Volkswagen lied to regulation authorities.

Comments

TFA, TFS

[war4peace]

None of which explain what exactly is the loophole.
"There's a loophole there" - is all I could get. the WSJ article is paywalled.
Any ideas? IANAL so, to me, it's a mystery.

Re:TFA, TFS

[squiggleslash]

It's not really a loophole. Instead it was a conscious decision about how to enforce the Clean Air Act by the lawmakers who made it. They felt that criminal prosecutions would be hard to win, so opted to use the civil lawsuit system instead.

FTPWA:

Former Rep. John Dingell (D., Mich.), a longtime congressman and auto industry ally who helped pass the Clean Air Act, said in an interview that the law focused on civil penalties because theyâ(TM)re easier to enforce. âoeItâ(TM)s easier, speedier, quicker,â he said. Mr. Dingell predicted Volkswagen will face billions of dollars in costs regardless. âoeThe cost to Volkswagen is going to be unbelievable,â he said. Volkswagen has set aside $7.3 billion to cover the fallout from the emissions scandal. âoeThe risk of them going out of business is very real.â

I'm sure many people read the headline and assumed it meant VW is off the hook. It isn't. It's just no VW executives, or for that matter software developers, will be going to jail. VW will, however, be paying absolutely massive fines. Which is probably what you expected anyway.

Re:TFA, TFS

[swright]

What fraud? The car performed as advertised, right?

Actually it didn't. Emissions are part of advertised specs. In the UK at least, this is an important figure because it determines how much annual road tax you have to pay to drive the thing - i.e. its important to consumers making the decision....and its really important to the UK government who have arguably been defrauded out of a whole bunch of tax revenue.

Re:TFA, TFS

[c]

It's just no VW executives, or for that matter software developers, will be going to jail.

... in the USA.

Re:Just makes them look even more guilty

[viperidaenz]

Who's worming their way out?
Sounds like the prosecutors are trying to make a case that won't get thrown out.
You can't just make up law as you go along because it's morally wrong.

VW had this "end game" planned out, too

[turkeydance]

part of the deal to get the CAA passed was to eliminate criminal consequences for the car manufacturers. it was ALREADY known.

Re:Just makes them look even more guilty

[Enigma2175]

So charge them with fraud if they can't be charged under the clean air act. They deliberately misrepresented their product to customers to make greater profits, seems like a textbook case of fraud to me. Of course, since they are a large corporation they will probably skate with a small fine. You get the government you voted for, I hope all the people who vote for the corporatists each election are happy with the outcome.

Re:Just makes them look even more guilty

[sjames]

If an individual did this, they would have manufactured a list of charges a mile long by now based on the craziest of legal theories.

Here, fraud presents itself quite naturally and they can't seem to find it.

This is terrible

[Jiro]

And not because it lets the car companies get away with something.

The prosecutor is considering prosecuting Volkswagen for "lying to the authorities". "They lied to the authorities" is a catchall crime that the government often brings when it finds itself unable to convict someone for an actual crime. This is a bad, bad, thing because you can't just refuse to speak to the government, and pretty much anyone is going to say something when questioned by the government that can be spun as a "lie", even if they just forgot, were misheard, or told an actual lie but one that has no bearing on the case.

The people cheering for this are really cheering for the idea that the government can put anyone in jail at a whim, because that's what the crime of "lying to the government" amounts to. It makes a mockery of the idea of a fair trial, and the fact that in this case the government decided to use this trick on a deserving target doesn't make it any less horrible.

Could send them to jail

[Etherwalk]

Who's worming their way out?
Sounds like the prosecutors are trying to make a case that won't get thrown out.
You can't just make up law as you go along because it's morally wrong.

You could send them to jail if you wanted to. Fraud, false statements to government, criminal conspiracy, etc...

Just maybe not under the clean air act.

Congress can lie

[Etherwalk]

Here, fraud presents itself quite naturally and they can't seem to find it.

Perhaps they are worried that the US government could be charged with fraud too since it seems they passed an act which they said would make it illegal for car manufacturers to make highly polluting cars but which, it appears, does nothing of the sort.

Congress has immunity from lying. No, really. https://en.wikipedia.org/wiki/...

Re:Well...

[Anonymous Coward]

I heard he's getting a $32M pension. Poor guy, they sure made an example out of him.

Re:Just makes them look even more guilty

[execthis]

The classical purpose and function of US government regulatory agencies is to indemnify the industries which they are charged with regulating from any legal repercussions resulting from egregious and outlandish acts of greed and irresponsibility.

This is just another case.

wut

[fyngyrz]

a legal loophole?

found by corporate lawyers?

I'm shocked. SHOCKED.

I'm going to go home, re-evaluate my life, and stop selling death sticks.

Re:Just makes them look even more guilty

[Required Snark]

Stop making excuses for corporate criminals. Why do you want to let themn off the hook? You are blaming the victim (in this case everyone in the US who breaths air).

When the EPA tested the vehicles they did not assume that there would be this level of overt lying and manipulation. There have been other instances of bad behavior in the past, but these were caught in the normal course of events. This was deliberately intended to evade regulations, and VW has already admitted as much. So if management admits they were breaking the rules, how can you try and blame the EPA?

If the EPA or other government agencies did their job correctly, they would start with the assumption that the companies they deal with are run by degenerate psychopaths who will do anything, up to and including mass murder to make a buck. That certainly describes Ford and their failing key ignition switch, which by Ford's own estimate killed around 200 people. It is certain that the death toll is higher; given the money at stake, why should they stop lying now if they can get away with it? And previous to that there was Toyota and the cover-up of their sudden acceleration problem. So it's not like WV is that exceptional.

But when the regulators try and do a thorough job then business interests start squealing like stuck pigs and scream about how "ebil gomment is distroying the free interprize". Then they go out and buy a few more congress critters, and keep on lying and stealing for profit. And asshats like you are always there to cheer them on. Too bad you didn't die in a defective Ford or Toyota; it might have taught you something about how the world really works.