Fraud process: prison for the VW diesel affair? – Judgment expected

“Manipulation and Volkswagen, that must never happen again” – with this sentence, CEO Martin Winterkorn came in front of the camera on September 22, 2015. “Mr. Volkswagen” apologized, admitted misconduct and promised: “We clarify this”.

A day later, Winterkorn resigned and the comprehensive clarification of responsibility for the manipulations continues to this day. A huge fraud against four former managers and engineers – but without winter grain on the dock – is now about to graduate.

What exactly is the criminal trial about?

In April 2019, the Braunschweig public prosecutor informed about its indictment against the former VW boss Winterkorn and four other former managers at the car manufacturer. The law enforcement officers accused them of a “majority of criminal offenses”, but above all a particularly severe case of fraud.

After several corona-related delays, the complex procedure began under the pandemic restricts with masks and distance in the Braunschweig town hall. Before the world press, the district court’s economic criminal chamber started her attempt to clarify the alleged personal responsibility of VW managers for one of the largest German economic scandals at all.

But before the beginning it became clear that Winterkorn would be missing on the dock. His complex had been separated for health reasons. Most of the participants criticized the lack of the once best paid German group of corporate people. Many observers spoke of a prelude without the actual main character.

Almost four years of negotiation – how did the process go?

Without a winter grain as a key figure, the attention for the process quickly subsided. The group of journalists and other interested people quickly turned out until at some point only the core of the process participants remained. The procedure moved into normal court halls in the district court and took place in the technical details almost without media accompaniment.

According to the public prosecutor, the engineers and managers are said to have been deeply involved in the development and use of the manipulation software in millions of vehicles. To clarify the question of who knew when about the secret program, the four defendants covered their top chef Winterkorn at the time and each other.

So there is a statement against statement. Engineers who are said to have proposed the switch -off device say accordingly: we have expressed concerns and warned of consequences. The superiors counter: Problems were talked about, but never about illegal action or even fraud. In 174 days of negotiations with around 150 witnesses, this constellation did not change anything essential.

What do you know about the diesel affair today?

The origin of one of the largest German industrial scandals decreases far. In the mid -nineties, VW wanted to catch up with diesel cars in the United States to the competition. According to the investigators, problems in compliance with exhaust gas standards have led to a series of veils around the software trick.

The scandal flew up in September 2015 when the US environmental authority EPA informed about manipulation of diesel cars exhaust gas tests. Shortly before, VW had granted false test results. A few days later, CEO Winterkorn resigned and the car manufacturer slid into one of the greatest crises in the company’s history.

As a result, there were very sharp consequences such as prison terms in the USA, VW paid a billion dollar fine to the state of Lower Saxony and compensation for around a quarter of a million diesel customers. In an investor procedure against the Volkswagen Group and Dachholding Porsche SE, compensation for investors has been disputed since 2018 who have suffered price losses in billions after the dieselgate affair.

In the first criminal judgment in Germany, ex-Audi boss Rupert Stadler in Munich was sentenced to one year and nine months in prison for probation and a payment of 1.1 million euros. There was initially an understanding, but then the defenders surprisingly appealed. The judgment is not final.

Shortly before the judgment – what threatens the accused?

In Braunschweig, the surprise in the faces of many process participants was clearly recognizable when the prosecutors told their claims for the sentence a few days ago. For three of the accused, the public prosecutor is not sufficient. For them, the law enforcement officers applied for between three and four years in prison. The defense, on the other hand, advocated three acquittals and a warning.

In emotional conclusion, the accused emphasized how exhausting and tiring they felt the almost four years long process. The men threatened by imprisonment made it clear that she was stunned by the required sentence ten years after the scandal was exposed. However, they also described the respective plea for the other defendants as “irritating and terrifying”.

While the four men are transferred from the perspective of the public prosecutor’s office, they vehemently defend themselves and see themselves more as a peasant victim. At the end of the process, they also repeated their surprise that investigations against other affected people were hired. The accusation resonates that some accused could steal responsibility with the investigators.

The verdict is now on Monday (May 26), the 175th trial day.

What’s next and what about winter grain?

The legal review, which VW alone cost 33 billion euros according to the latest group, has not ended even after the judgment. In Braunschweig, in addition to the first process and the Winterkorn trial, four further criminal proceedings from the complex against a total of 31 accused are open, as a spokesman for the regional court said.

In the case of nine accused, the proceedings were terminated against money requirements, according to the public prosecutor. A further 47 originally accused of the overall complex were terminated during the investigation against money requirements and with the approval of the regional court.

And winter grain? After years without major appearances in public, he was interviewed as a witness in the investor process at the beginning of 2024 by the Braunschweig Higher Regional Court, and the responsibility for the diesel scandal showed himself. “I think these allegations are incorrect,” said Winterkorn.

A few months later, the 77-year-old commented on court as a defendant. In doing so, he again contradicted the allegations and saw his successful career damaged by the diesel affair. An accident Winterkorn was interrupted after only a few days. Whether and when the procedure can be continued is completely open.