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Volkswagen Engineer Pleads Guilty in US Diesel Emissions Probe (fortune.com)

A Volkswagen AG engineer on Friday pleaded guilty and agreed to cooperate in the Justice Department's probe into the German automaker's diesel emissions scandal -- the first person charged by U.S. authorities in the environmental probe, reports Reuters. From the report:James Liang, who has worked for VW VLKPF since 1983 and was part of a team of engineers who developed a diesel engine, was charged in an indictment made public on Friday with conspiring to commit wire fraud and violating U.S. clean air laws. The 62-year-old engineer from Newbury Park, Calif., appeared in U.S. District Court in Detroit on Friday and entered into a plea agreement that includes his cooperation with the government in its investigation. The indictment says Liang conspired with current and former VW employees to mislead U.S. regulators about the software that allowed the automaker to evade American emissions standards.

110 comments

  1. VW Engineer by Anonymous Coward · · Score: 0

    Going to Gitmo!!

    1. Re: VW Engineer by Anonymous Coward · · Score: 2, Informative

      Meanwhile, the methane leak in Los Angeles last year caused more pollution than all of the affected VW's could ever hope to create in their lifespan.

    2. Re: VW Engineer by Anonymous Coward · · Score: 0

      Your point being? VW and their engineers did something unlawful.

    3. Re: VW Engineer by arvindsg · · Score: 1

      Point being issues deserve attention in media in proportion to their effects.

    4. Re:VW Engineer by Joce640k · · Score: 1

      Call me when the manager that told him to do it gets locked up.

      THAT will be news.

      --
      No sig today...
    5. Re: VW Engineer by Anonymous Coward · · Score: 0

      So did most if not all other car manufacturers. Yet VW is under a constant stream of bad press and has to pay billions, while the rest only have to issue a few 'voluntary' recalls to reduce the NOx emissions, if anything and get away with outright denying any cheating even after the evidence has been handed to them.

      Where is the outrage over GM, Renault-Nissan, Fiat Chrysler, Ford, Hyundai-Kia, Volvo Cars, PSA, Mitsubishi, Toyota, Suzuki, etc? All have been caught with defeat devices that increase NOx massively on the road compared to the emissions test, in almost all cases more than a pre-recall VW 189. They hide behind a very generous interpretation of a loophole that allows reduced emissions control to protect the engine, but the upshot ia that they only meet the standard they are certified for in the lab and they are clearly designed to operate that way.

    6. Re: VW Engineer by Anonymous Coward · · Score: 0

      Bollox, the regulator just failed to test the product correctly, as a test engineer sure you can create in-lab setups to mimic real test conditions for convenience but you ALWAYS have to do a real world sanity check on your lab setup. The US regulators were too lazy or incompetent to do this and that makes the VW design engineers guilty ? How much crack have you smoked ?

  2. scapegoat much? by Anonymous Coward · · Score: 5, Insightful

    WTF? why does some engineer get thrown under the VW bus?

    1. Re:scapegoat much? by boristdog · · Score: 4, Insightful

      C-level motto: "Always have a patsy on hand."

      I have had management try to make me into a patsy before. Always save your emails. Don't do anything unless you have it in writing.

    2. Re:scapegoat much? by DaHat · · Score: 0, Troll

      A) Who says he will be the only one facing charges?
      B) If your boss asks you to do something illegal and you agree, you are still committing a crime, but best to make sure that request is in writing so you can drag them to jail with you as well.
      C) If only he would have hosted all of his emails on a private email server then allowed a backup copy to be lost in the mail and ordered a subordinate to wipe other backups... then he not only wouldn't be looking at jail time, but could be a Democrat Presidential Nominee... if he happened to be a natural born US citizen.

    3. Re:scapegoat much? by Anonymous Coward · · Score: 0

      Because like I said earlier, engineering is the red-headed stepchild of the professions. All of the work, all of the responsibility, none of the money, none of the power.

      Why bother?

    4. Re: scapegoat much? by Anonymous Coward · · Score: 0

      A) Because I know how this story goes
      B) He was the only one? Really? Everyone else was against it? He had no help?
      C) In writing doesn't matter if it's a company email server.

    5. Re:scapegoat much? by Anonymous Coward · · Score: 0

      Well they say that he will cooperate with the authorities. So I assume that the house of cards will crumble soon.

    6. Re:scapegoat much? by Anonymous Coward · · Score: 0


      WTF? why does some engineer get thrown under the VW bus?

      Jurisdiction.

      He plead guilty to covering up the cheating.

      Liang conspired with current and former VW employees to mislead U.S. regulators about the software that allowed the automaker to evade American emissions standards.

      If you'll recall, this didn't come out all at once. It took.. a year or more before VW finally fessed up and admited they lied about the emissions. Before that they tried to play it off as just a software glitch. Based on age, I'd say this guy was a key manager who made the decisions to mislead US investigators.

      But I do agree with your general sentiment though that this isn't much of the big picture of corruption, just small scale coverup. The cheating was widespread, and the actual cheating was done years ago. It's highly likely all that happened off US soil, which makes it much harder to prosecute in the US.

      I'm still hoping more people get some jail time for this. Fines don't discourage anything.

    7. Re:scapegoat much? by umghhh · · Score: 1

      Maybe he did not have money for good lawyers and accepted the deal to make sure he goes out of jail before he dies? For a prosecutor this makes goig after bigger fish much easier. US legal system is just crap - went quite far from the origins.

    8. Re:scapegoat much? by 31415926535897 · · Score: 1

      but could be a Democrat Presidential Nominee... if he happened to be a natural born US citizen.

      Eh, they can probably get around that too these days.

    9. Re: scapegoat much? by Anonymous Coward · · Score: 0

      Because it pays relatively well. Yeah, being a CEO is better, but there are only so many of those. And if you want to be one as an engineer, you can always create a startup and scam people for a few years.

    10. Re:scapegoat much? by Anonymous Coward · · Score: 0

      Actually VW just issued an announcement that they found the 5300+ employees who conspired to comment this fraud and have fired them. They will also pay a hefty fine to the tune of $190~ million.

    11. Re:scapegoat much? by Anonymous Coward · · Score: 0

      You should be a lawyer instead. Because that's guaranteed rolexes and blowjobs.

    12. Re: scapegoat much? by Immerman · · Score: 1

      A) Sadly true. It was still his own choice to commit the crime though, he could have found a new job instead.
      B) Can you prove he wasn't? The idea is to drag him down with you to lessen the punishment for your own guilt. He is of course free to do the same thing further up/across the hierarchy.
      C) Why would you rely on the company email server to retain blackmail/plea-bargain material for you?

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    13. Re: scapegoat much? by Anonymous Coward · · Score: 0

      Your point B doesn't apply whatsoever. It's still a crime, even if everyone up to the president and the pope were doing it.

      Point C looks more like a response to point B, but it's also a pretty serious strawman. In writing precludes "being on a company email server", the latter is just an example of how NOT to protect yourself.

    14. Re:scapegoat much? by Immerman · · Score: 1

      >Fines don't discourage anything.

      Well, not at a management level, not the way they're implemented in the US. If fines for such things were, say, 50% of your net worth things might be different.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    15. Re:scapegoat much? by Anonymous Coward · · Score: 0

      He was in charge of the diesel engine division at VW, he was chief engineer. Same as being the chief architect in software companies.

    16. Re:scapegoat much? by Sperbels · · Score: 1

      Possibly a paid patsy.

    17. Re:scapegoat much? by Anonymous Coward · · Score: 0


      If fines for such things were, say, 50% of your net worth things might be different.

      I doubt it. The problem with monetary fines is that it's just a gambling game with money vs money. If there's a 10% chance of getting caught, the expected value only goes down to 5% of your net worth. It's pretty easy to just risk paying the fine, even for an individual. Jail time, on the other hand is entirely different. You can always make more money, or just live a bit poorer. Maybe you can't afford the big giant yacht, and have to settle for the smaller yacht. But you can't get more time, no matter how much money or anything else you have.

      It'd also violate some general principles of the law, at least in the US. Fines based on income would likely violate equal protection under the law.

    18. Re:scapegoat much? by Immerman · · Score: 1

      You might be right, and if we ever see management paying more than pocket change in fines I'll concede the point. First we'll have to start actually convicting them though.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    19. Re: scapegoat much? by ShanghaiBill · · Score: 2

      Prosecutions always start at the bottom. Prosecutors offer plea deals to get subordinates to testify against their bosses, and the first guy to defect gets the best deal. They will work their way up the food chain.

    20. Re:scapegoat much? by Anonymous Coward · · Score: 0

      Emails are text files. Far too easily faked.

    21. Re:scapegoat much? by ausekilis · · Score: 2

      I learned an old adage some years ago: "Don't fix the problem. Fix the blame."

      This guy is near retirement, will likely only serve a commuted sentence due to age and good behavior, and probably have a nice golden parachute.

    22. Re:scapegoat much? by jellomizer · · Score: 1

      Because the Engineer is a high enough position of have responsibility for what they do. However not high enough if convicted to show a systemic problem in the organization.

      I have left jobs, because I had found myself going down a slippery slope, a minor tweak here, cut a corner, tell a little white lie there, over inflate an estimate there... So I usually start looking for new work when I realize I am getting to a point where I see that I am becoming what I hate.

      However for many people they may not have the same moral compass, or a different point where they do a self evaluation. Also sometimes if they are rewarded well for such bad behavior the rewards may outweigh the risk.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    23. Re:scapegoat much? by OwenW4rd · · Score: 1

      You know the old saying: "Where there's soot there's combustion."

    24. Re:scapegoat much? by mwvdlee · · Score: 1

      I wonder how much money he's being paid to take the fall.

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    25. Re:scapegoat much? by tnk1 · · Score: 2

      If I was a multimillionaire, 90% of my net income would suck, but I'd still probably be rich or at least upper middle class.

      If this guy got nailed with 90% or even 50% of his net income, he'd lose his house.

      Fines like this cannot just be a percentage, they need to match the circumstances.

    26. Re: scapegoat much? by Anonymous Coward · · Score: 1

      As well as NoX.

    27. Re:scapegoat much? by GuB-42 · · Score: 3, Insightful

      Text files that are timestamped and stored on a server, often with multiple copies.
      I don't know how often e-mails are used in court but if you don't have an original signed document, this is probably the next best thing.

    28. Re:scapegoat much? by thinkwaitfast · · Score: 1
      There will be no going to jail for you if someone asks you to do something illegal, only if you go through with it and do it.

      What To Do If Your Boss Asks You To Do Something Unethical or Illegal

    29. Re:scapegoat much? by jlbprof · · Score: 1

      $190 million is chump change, cost of doing business. They made billions off of this fraud.

      --
      I go out of my way to complicate the simple things, so that I can simplify the complicated things.
    30. Re:scapegoat much? by thinkwaitfast · · Score: 1

      I was paid a lot of money as an engineer and knew a couple that could be considered wealthy even, though they'd been in the business for 50 years and owned their own firms. Maybe just the bad engineers don't make any money.

    31. Re: scapegoat much? by Z00L00K · · Score: 1

      The choice is to do the job or get fired with a bad reputation. Good luck finding a decent job after that.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    32. Re:scapegoat much? by Anonymous Coward · · Score: 0

      One word- Snowden. Everything is about making it look like closed source firmware is still 'no big deal man'.

    33. Re:scapegoat much? by Rakshasa+Taisab · · Score: 2

      The guy is 62 years old, near retirement.

      Most likely there's been agreements made behind closed doors between VW and US prosecutors; they guy gets some kind of deal that involves him not ever going to jail, he also gets some kind of 'severance/pension' thing for his part in this theater.

      A 'guilty' person has been found, what VW did wrong... or the story they agreed on... is now in the legal system and VW will be made to pay their (pre-arranged) dues. And _EVERYONE_ is now happy and the air will be cleaner.

      --
      - These characters were randomly selected.
    34. Re: scapegoat much? by Rakshasa+Taisab · · Score: 0

      He's not a 'scapegoat' unless the jews put goats on cruise ships with fat pensions. The guy isn't a victim, he's a guy getting an early retirement with benefits in exchange for being 'caught'.

      --
      - These characters were randomly selected.
    35. Re: scapegoat much? by fnj · · Score: 1

      Good luck finding a decent job after you've picked up a criminal record.

    36. Re:scapegoat much? by Immerman · · Score: 1

      Which is why I said worth, not income. What's the combined value of your house, your yacht, your stocks, your retirement portfolio, etc.? You lose half of that.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    37. Re:scapegoat much? by Anonymous Coward · · Score: 0

      Did you read and understand this? He cut a deal to testify and cooperate so the feds can climb the corporate latter. He's not a patsy. He's the first domino.

    38. Re:scapegoat much? by Cederic · · Score: 1

      Hmm. Touch my pension and I might as well kill you. There's no point living through the shit without the hope it will end one day.

      Take away that hope, and I may as well take away the living. But not without revenge first.

    39. Re:scapegoat much? by Anonymous Coward · · Score: 0

      why does some engineer get thrown under the VW bus?

      I thought that was amusing and clever, even if nobody else did.

    40. Re:scapegoat much? by Anonymous Coward · · Score: 0

      could be a Democrat Presidential Nominee... if he happened to be a natural born US citizen.

      There are ways around this, if you believe some peoples' birth certificate theories...

    41. Re: scapegoat much? by Anonymous Coward · · Score: 1

      I'm a lawyer...never seen a Rolex and the only blowjobs I get are for good behavior from my wife. I think you vastly overestimate an attorney's earning power and prestige.

    42. Re:scapegoat much? by Immerman · · Score: 1

      Hey, you chose to risk it when you committed the crime.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    43. Re: scapegoat much? by Anonymous Coward · · Score: 0

      And he also gets free laundry and 3 meals a day at his new retirement home!

    44. Re: scapegoat much? by Z00L00K · · Score: 1

      I'd take a criminal record for something the company is responsible for rather than an employer record where I'm listed as untrustworthy if I have to choose. The latter blocks you from every job out there.

      What you are convicted for actually matters for some employers - breaking the law upon command from a superior or not matters a lot. Even if the command was not written down.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    45. Re: scapegoat much? by Anonymous Coward · · Score: 0

      How exactly? At best, it saved them something in the order of â100 per car by omitting more expensive NOx reduction devices.

    46. Re:scapegoat much? by Anonymous Coward · · Score: 0

      My emails are timestamped and PKI-signed, which cover any original text included in replies. So when I reply with "Sure, I'll do this because you're threatening my job if I refuse" I have timestamped and PKI-signed evidence which is provably not faked.

      P.S.: If you don't know what timestamping is in relation to PKI... research it.

    47. Re:scapegoat much? by Anonymous Coward · · Score: 0

      Yeah, it is not like he was the Leader of Diesel Compliance for the United States when all of this happened. Oh wait, he was...

    48. Re: scapegoat much? by Anonymous Coward · · Score: 0

      At least it is consistent with using VW as a scapegoat for the industry-wide cheating. Most if not all manufacturers have been shown to cheat in similar ways, yet somehow only Be Volkswagen seems to be in trouble for it.

    49. Re:scapegoat much? by Anonymous Coward · · Score: 0

      This happens all the time in the industry, so much so that it's almost like a cancer. No one cares and everyone disappears and no one prosecuted for it. Not doing it results in you losing your job and trying to find another job in an industry that is so prevalent with a lot of illegal stuff, good luck.

      What VW did I don't find unusual, considering how many places I've been too that violate safety rules, have operators run completely unsafe equipment, fake forklift training, list goes on and on.

  3. Indictments please climb the corp. ladder by Tesen · · Score: 2

    Hopefully there is paperwork to show management had a hand in this; this kind of culture needs to stop. Mr. Engineer, wink... bonus...wink... standards... wink.

  4. How many counts? by jaymemaurice · · Score: 4, Insightful

    So if he is responsible for the creation "defeat device", is he responsible for the installation on every vehicle sold in the US?

    --
    120 characters ought to be enough for anyone
    1. Re:How many counts? by tnk1 · · Score: 1

      Probably not, but on the other hand, blame could be fairly limited in scope. If I programmed some code with a root kit in it, my boss wouldn't need to be involved for it to be distributed to all my customers, I'd just need to make sure it was properly hidden so it made through the certification process without triggering any extra review.

      And we assume that everyone at VW would have known about it. Its usually a lot more murky than that. Usually some middle manager needs to get a raise or make a target, and directs his engineers to do something. The manager's boss is presented with the situation and approves it, even though he didn't strictly order it. Or alternately, the big boss awards bonuses without really looking that closely at it. The Engineer and Manager makes a bonus and the Executives get their claim. At least until it is discovered.

      That doesn't mean the Execs didn't order it, and more to the point, they may well have failed in their oversight responsibilities or they may have encouraged an atmosphere of regulatory avoidance or contempt for certain countries' (*cough* US EPA *cough*) regulation.

      It will be interesting to see how it pans out.

    2. Re:How many counts? by Anonymous Coward · · Score: 0

      So if he is responsible for the creation "defeat device", is he responsible for the installation on every vehicle sold in the US?

      Is Oppenheimer responsible for the nuke being set off by NK recently? No. He's responsible for helping to create an atomic bomb.

      Logically, the same applies in this case. An engineer helped design something to defeat something in testing for an immediate and in-scope reason. If someone (who shall remain nameless because the management ALWAYS does w/ scapegoat defense) chose to use the design for another purpose, it's that [individual]'s responsibility for making that decision and executing it.

      I'm not being an ass to you, BTW. I'm just answering a question in a place where you can't see my face or body language. :)

  5. Yeah, we all know it was a rogue engineer by hsmith · · Score: 1

    No one from top management pushed this down and forced their hands. He was just trying to save the company money! Always keep a paper trail.

    1. Re: Yeah, we all know it was a rogue engineer by Anonymous Coward · · Score: 0

      It likely was indeed the work of a group of engineers who either were afraid to admit failure or were trying to advance their careers by 'succeeding' in a very difficult task. So far, neither the criminal investigation nor the external investigation commissioned by VW's supervisory board have found any evidence to the contrary.

      The actions of senior management seem to support those findings. Had they known about the defeat device before the summer of 2015, they could have done a great deal of damage control. However, it seems those that were involved in the cheating managed to keep it secret until the US EPA started asking questions they could not answer.

  6. I hope he gets compensated for taking the fall by Anonymous Coward · · Score: 0

    ...for whichever managers forced them to do it. Large scale scandals like this are ALWAYS the work of management forcing employees into impossible positions...break the law or get fired and blacklisted from the industry.

    When your house, car. ability to eat and possibly marriage and kids are all at risk are you really going to be the one to blow the whistle?

    If i lose my job i'm living under a bridge in less than 3 months...you can be god damn sure i take the position of "management says it's OK so it's OK"

    1. Re:I hope he gets compensated for taking the fall by umghhh · · Score: 1

      VW has indeed a history of taking care for fallen children look at Mr. Harz and listen to the silence.

    2. Re:I hope he gets compensated for taking the fall by tnk1 · · Score: 1

      I actually disagree.

      There are plenty of situations that could be torpedoed by the engineer refusing to do the work. Engineers are not disposable.

      Do not underestimate your ability to say "No" to something that is obviously illegal. You will end that shit right there in most cases. Especially when up against your own lower level boss who is probably less than pleased himself about having to ask you to do it.

      And do not believe for a second that there are not engineers who will collaborate because they want to, or because they are rewarded, and not because of pressure or fear. Amorality and criminality are not exclusive traits for management.

  7. Hooray for scapegoats by ErichTheRed · · Score: 2

    I wonder what's actually happening here. No one in a high-profile civil case pleads guilty unless they have a real reason to. Is VW paying his family an exorbitant sum of money through a back-channel?

    There's no way an engineer comes up with a scheme like this on their own. I know for myself that I'd be too much of an honest guy to go along with that. Yes, I know that makes me an idiot. But management is always involved in things like this, or at the very least is willfully blind. German companies are very meticulous, so I'm sure they have the exact email, timestamped to the millisecond, showing the management team telling the engineers to put the defeat device in.

    1. Re:Hooray for scapegoats by Anonymous Coward · · Score: 0

      Kinda... The emails states to do it while following all legal and moral standards and if it doesnt then they will hire someone who can do both.

  8. Reasonable Prosecutor by Anonymous Coward · · Score: 0

    Come on guys, can you really see any reasonable prosecutor pressing charges for this?

    1. Re:Reasonable Prosecutor by Anonymous Coward · · Score: 0

      Come on guys, can you really see any reasonable prosecutor pressing charges for this?

      If it was release the friday before labor day weekend maybe, but now that everyone is back to 5-days/week work, sure...

  9. That was Wells Fargo... by Ellis+D.+Tripp · · Score: 2

    http://www.npr.org/2016/09/09/...

    With all the corporate crime going on, it is easy to get your scumbags mixed up....

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  10. VW's President is Responible for His Company by BrendaEM · · Score: 1

    Why throw this engineer under the bus? He was likely following orders.

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    https://www.youtube.com/c/BrendaEM
    1. Re:VW's President is Responible for His Company by Zocalo · · Score: 1

      A bit borderline on the Godwin there, aren't we? :) Anyway, I think the real reason for this is that he knew he was likely going down and went for the plea deal instead. Assuming that he can name and shame enough of the C-level execs who were also involved he might at least get a stay in white-collar jail with a chance of getting out in a reasonable timescale, assuming he goes down at all. They wouldn't have offered the deal in the first place if they didn't think he had some dirt on the bigger fish to parley it for, so for his sake he'd better have filed all those emails safely away...

      --
      UNIX? They're not even circumcised! Savages!
    2. Re:VW's President is Responible for His Company by Anonymous Coward · · Score: 0

      That's not how it works. Someone cannot be held responbsible for actions that where purposefully hidden from them.

  11. He needs the jail / prison health care plan till65 by Joe_Dragon · · Score: 1

    He needs the jail / prison health care plan till 65.

  12. So what? by argStyopa · · Score: 2

    ...I'll believe someone's getting punished when SENIOR MANAGEMENT is seeing jail time or fines in excess of several years' pay.

    Hauling one nearly-retired engineer up in the dock doesn't mean shit.

    --
    -Styopa
    1. Re: So what? by Anonymous Coward · · Score: 0

      Senior management did not know about the defeat device until the last summer, when the affected engines were already going out of production.

    2. Re: So what? by argStyopa · · Score: 1

      You can't seriously believe that, can you?

      You're asserting that some middling engineer-manager came up with this strategy entirely on his own? Failed to share it with his management?

      Yeah.

      --
      -Styopa
    3. Re: So what? by Anonymous Coward · · Score: 0

      I really cannot think of a reason the people who came up with this would have shared this with their superiors. They would have lost the credit for finding a 'solution' and if they did so after performing any work on this, they would probably have been sacked on the spot. Moreover, if you are breaking laws and regulations, the fewer people who know, the better.

    4. Re: So what? by argStyopa · · Score: 1

      I don't think you really understand how corporations work.

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      -Styopa
    5. Re: So what? by Anonymous Coward · · Score: 0

      Care to elaborate? I really don't see why the people who devised the cheat would have shared this knowledge needlessly and I cannot imagine senior management not even making an attempt at damage control if they had indeed been informed any sooner.

      Most of the trouble VW is in would have been avoided very easily if lawyers had been involved fro the beginning. GM is still insisting to this day that the very similar defeat device in the Astra and the Zafira (and probably other models) is legal and they seem to be getting away with it so far - no fines, no admission, only a 'voluntary recall' and a few stern words from the transport ministry. The difference is that GM management set out to cheat from the beginning and got lawyers to make sure the test detection was indirect enough to be able to claim that the critera for turning down emissions controls fit a loophole that allows measures to protect engine components, even if the chosen criteria happen to coincide nicely with the test regime and the altitude range where test centres exist. Getting a few lawyers on a team can save billions.

      At VW, the engine design team found out they could not accomplish all goals for the EA189 and they found an easy way to circumvent one of the requirements. They thought it would not be detectable (and it would have been very hard at that time, PEMS didn't exist yet) and they thought they repercussions would be minor if they did, because in the many cases where American authorities found defeat devices in cars from US manufacturers, the fines were modest and there was no criminal investigation or public flogging. In Europe, illegal defeat devices had never been found before, as the authorities do not look for them on a routine basis. Moreover, it is very common that during normal use some emissions difer greatly from those during an emissions test; the test is not intended to mimic typical usage. Even if just the bare fact that the average emissions exceed those during the type approval test had been picked up, it would not necessarily have meant that the engine had used a different mode during the test.

      They had every reason to think they would get away with it. But they did not in the end. Just as the EA189 was being replaced with the EA288, an NGO used new testing equipmend and found the defeat device. They informed authorities in Europe, who were not interested initially, and in the US, who saw their chance and went on it like never before. VW's senior management would probably been able to control damages had they known about the defeat device at least shortly after the US EPA started asking questions. However, they made things worse by repeatedly insisting there was only a technical glitch, since that is what the EA189 design team and the US compliance office said. They did not believe there was an actual cheat in the engine firmware. Only when the design team confessed, the CEO informed the authorities and they started a review of all other VW group engines and suspended everyone who could have been involved.

      I am all for punishing people who actually did something illegal. However, I do not think it is fair to blame anyone who was not aware. It can be argued that senior management may have been negligient and should have commissioned more reviews, but there was no reason to believe anything was wrong until years after the engine was developed. Quite a few people lost their jobs over this, some merely for being end responsible for something they were not aware of. I think they have been punished more than enough. Let the public prosecution office focus on those that actually ordered or participated in any crimes. Moreover, various countries should also start criminal investigations into the various defeat devices deployed by other manufacturers. They are getting away far too easily.

  13. Always starts at the bottom by sjbe · · Score: 4, Insightful

    WTF? why does some engineer get thrown under the VW bus?

    Because they are the easiest to get to. Hopefully they'll work their way up the ladder. It's almost always hardest to get to the guys at the top and you usually have to start at the bottom and work up. He'll probably get a lighter sentence in exchange for giving up a bigger fish and then the bigger fish will get a deal to give up the next guy up the food chain. Eventually you get to the top but it takes a while and a lot of work.

    1. Re:Always starts at the bottom by Anonymous Coward · · Score: 0

      Eventually you get to the top but it takes a while and a lot of work.

      And the guy at the top will agree to write someone a check without stipulating to any wrongdoing.

    2. Re:Always starts at the bottom by Anonymous Coward · · Score: 0

      So we reward snitches. The big bad government isn't big and bad enough to go after people who can defend themselves. They instead go after the most helpless an impotent.

    3. Re: Always starts at the bottom by sjbe · · Score: 1

      We're talking about someone who was complicit in a fraud. I see no value in sympathy. They could easily have refused to be a part of this crime.

  14. Definitely not just one person by sjbe · · Score: 1

    There's no way an engineer comes up with a scheme like this on their own.

    Even if he did there is no way to keep it a secret for long and it would be virtually impossible for management to not know about it. But engineering is pretty much a team sport with a product this complex and there would be no way it would be one rogue engineer. It simply doesn't work that way.

    German companies are very meticulous, so I'm sure they have the exact email, timestamped to the millisecond, showing the management team telling the engineers to put the defeat device in.

    More than likely this is true. It shouldn't be too hard to work their way up the food chain if the investigators are sufficiently motivated and funded.

    1. Re:Definitely not just one person by Anonymous Coward · · Score: 0

      You're absolutely right, and yet it's funny....

      We have ridiculously detailed paperwork for the Holocaust from the Germans. Except....

      No one has actually found any written order from Hitler to actually do it. We know that he almost certainly did order it (probably verbally), we know he made speeches about "annihilation of the Jews" that might be taken as orders, and it is hard to believe that such a thing could happen without him finding out about it, but there is no piece of paper with his signature on it.

      And lest you think that he never ordered such things on paper, he did specifically order the T-4 Euthanasia program for undesirables.

      So, don't think for a second that the Germans, even with their legendary levels of cultural OCD, are completely incapable of understanding the concept of "deniability", plausible or not.

  15. eat each other by Anonymous Coward · · Score: 1

    US pushing Volkswagen case, EU pushing Apple case. NIce!

  16. Where's Lee Majors? by HumanWiki · · Score: 1

    I might fall from a tall building,
    I might roll a brand new car.
    'Cause I'm the unknown stuntman that made Redford such a star.

    For some reason, I've got The Fall Guy stuck in my head now.

    1. Re:Where's Lee Majors? by Anonymous Coward · · Score: 0

      He's selling mail-order hearing aids on SyFy now.

    2. Re:Where's Lee Majors? by lroylw · · Score: 0

      I thought he died ages ago.

  17. When the fuck are we going to charge the bankers? by Anonymous Coward · · Score: 0

    When the fuck are we going to charge the bankers? Hang those fuckers high!

  18. How does a VW engineer cheat for Audi and Porsche? by BenJeremy · · Score: 1

    This scandal goes all the way up. The cheat crossed over to other badges, which are calibrated by entirely different teams. At the very least, some director who sits above all the badge bosses was involved in perpetrating this fraud.

    Calibration engineers had to work on, and test, two sets of calibrations - the "cheat mode" values and the standard values. Somebody had to direct them to do this. This isn't just a Degiorgio being lazy and signing off on crap parts to clear his worklog - this is a systematic effort to spread the "cheat device" software across ALL of the brands. Tagging Liang as the primary perpetrator is like saying some Air Force Captain somehow managed to cause the Air Force, Navy, and Army to launch a nuclear war - Liang simply doesn't have the power to get that software calibrated on the other badges.

    I'm guessing the engineer's family is being either well taken care of, or worse, threatened, to make him take responsibility.

  19. Government regulation at work by fiannaFailMan · · Score: 0

    Note how the VW emission scandal came to light thanks to US regulators. We often think of the EU being ahead of the game in this sort of thing, but European car emissions testers are private entities that compete for business. This creates an incentive to "cook the books" and give manufacturers an easy time. US regulators, on the other hand, are public entities and have no such incentive to be nice to the auto manufacturers. Hence, a stricter testing regime that uncovered a culture of corner-cutting and cheating that existed in VAG. Mark my words, VW will not be the last Euro manufacturer to have been found screwing with emissions data.

    --
    Drill baby drill - on Mars
    1. Re:Government regulation at work by Anonymous Coward · · Score: 1

      It was discovered by researchers at an American university, not regulators. And the diesel standards in the Sates are much stricter than the EU.

    2. Re:Government regulation at work by Anonymous Coward · · Score: 0

      meh, we all knew VW "Clean Diesels" were foul, look at the back of any TDI that hasn't been washed in a few weeks.

    3. Re:Government regulation at work by Anonymous Coward · · Score: 1

      Diesel emissions standards are much stricter in the US than elsewhere. Normally this would be a good thing, but in the US' case it just smacks of the same old protectionism that the US car makers have been lobbying for since they realised most other countries make better cars than they do. Ever notice how you hardly ever see a US-made family car outside the US?

    4. Re: Government regulation at work by Anonymous Coward · · Score: 0

      For some harebrained reason, the Euros decided subjecting their citizens to immediate health problems with diesel soot was preferable to putting out "more" CO2 to harm Gaia. Except that only worked in theory if the diesel cars were significantly more fuel efficient than gasoline cars, which evidently this exposed fraud says was *not true*. Dumbasses should've regulated for fuel efficient gasoline engines and saved everyone's health from the deadly diesel exhaust. DIESEL PASSENGER CARS ARE A STUPID IDEA. Save it for the heavy trucks at best.

    5. Re: Government regulation at work by Anonymous Coward · · Score: 0

      I see plenty of US brands overseas, perhaps not US built, but US designed. Ford Mondeo and Kuga in Europe, various Fords in The Philippines and Malaysia, etc...

    6. Re:Government regulation at work by Anonymous Coward · · Score: 0

      Cheating made them cleaner, ironically. There is, to some degree, an inverse relationship between NOx and soot.

    7. Re: Government regulation at work by Anonymous Coward · · Score: 0

      Except for a few niche models, Fords for the European market are mostly designed and engineered in Europe. In the UK and Germany people tend to regard them as a domestic manufacturer. Many people will probably not even know that it is a US-owned company. The build quality tends to be a bit lower than that of European brands, probably due to parts and technology sharing with Ford's US branch, but they compete in the lower price segment. The same is true for GM's Opel/Vauxhall.

    8. Re: Government regulation at work by Anonymous Coward · · Score: 1

      Firstly, soot standards are stricter in Europe than in the US. It is NOx where the US is (much) stricter. Secondly, the scandal has nothing to do with fuel efficiency and it changes nothing about the fact that diesel engines are more fuel efficient and use a fuel that costs less energy to produce. Finally, modern diesel engines produce fewer volatile hydrocarbons and ultra-fine particulates than petrol engines, both of which are known to cause cancer, as well as less carbon monoxide. There is often an order of magnitude difference.

  20. just makes me wonder... by JustNiz · · Score: 1

    How much VW are paying him to take the fall...

    1. Re:just makes me wonder... by Anonymous Coward · · Score: 0

      I don't think VW has anything to gain or lose from individual criminal cases against the employees who devised and executed the cheating.

  21. So the EPA mandates fuel and emmisions standards by Anonymous Coward · · Score: 0

    In order to provide the public with the most fuel efficient car they can they fudge some things on the emissions side. I for one would be happy to get a car with better fuel mileage. All these faggots who are saying they feel cheated by VW are ass turds sucking the government's big dick. If you really feel cheated just dump a bunch of diesel fuel on the ground next time you are filling up. That way you will get the same crappy mileage that you would have gotten if VW had not taken some liberties in order to get the best performance out of their machines.

    -I burn tires in my back yard to mitigate any environmental cooling the EPA might by causing by all their unsafe emissions standards. Yes all the EPA regulations that have been carefully crafted by you fascists are being undone by me alone.

  22. WTF? A VW engineer? by Anonymous Coward · · Score: 0

    I thought Bosch was in this up to their necks? How come a poor near-retirement engineer at VW is the one on the hook? http://fortune.com/2016/08/19/...

  23. When are the others due? by Anonymous Coward · · Score: 0

    So far, the US government has launched a massive campaign against VW, looting billions of dollars and severely damaging the company's until recently almost spotless reputation. However, there is plenty of evidence that most other car manufacturers, including the 2.5 US domestic majors, have been pulling similar tricks for years. Except from a few stern words from the German transportation minister and a few 'voluntary' recalls, there have been exactly zero consequences. No suits, no fines, no withdrawals, no buybacks, no criminal prosecution, no exaggerated claims from government officials, no media outcry. Nothing.

    The other manufacturers seem to get away with it scott-free, even though the cheating is often relatively easy to detect and the NOx emissions are in many cases several times larger than from the VW EA189. The simply continue to deny even after getting caught, or they attempt to cover it up, and government authorities let it pass, or even help covering it up. Meanwhile, they all get to steal sales from the scapegoat, the only manufacturer that actually admitted and recalled the affected vehicles (except in the US, where the authorities are dragging their feet) and, ironically, makes the cars with the lowest real-world NOx emissions.

    The anti-VW campaign has nothing to do with the environment and everything with economic interests. The Americans found something and exploited it to the maximum extent in every possible way, just like they did with Toyota's 'sudden unintended acceleration'.