Four ex-Volkswagen managers were convicted by a German court for their role in the diesel-emission scandal that tarnished the carmaker’s image and cost it billions of euros.
After four years of trial, the Braunschweig Regional Court on Monday gave former executive Heinz-Jakob Neusser a suspended jail term of 1 year and three months for his role in the affair sparked by the discovery that vehicles were fitted with software to sidestep emission rules.
Another manager, who can only be identified as Jens H., must serve 4 1/2 years for manipulating more than 2 million vehicles.
Former manager Hanno J. was given a term of 2 years and 7 months and Thorsten D. got a suspended sentence of 1 year and 10 months.
All four had denied the allegations.
Nearly a decade after the “dieselgate” scandal broke, the tribunal has handed down its first verdicts in the criminal probe targeting senior staff at VW’s core brand.
They were charged in 2019 with having vehicles equipped with emission-software manipulation in a case that concerned 9 million cars sold in Europe and the U.S.
During the trial, the court narrowed the case to fewer than 4 million vehicles.
The core of the allegations was that cars were equipped with so-called defeat devices leading to two different sets of emissions, depending in whether the vehicles were tested in the lab or used on the streets, Presiding Judge Christian Schütz said when delivering the verdict.
On the streets, in a “real drive” scenario, emissions of toxic nitrogen oxides were much higher than during testing, he said.
“The authorities certifying the cars weren’t told that the emission were much higher in real drive,” said Schütz.
“It’s crystal clear that this wasn’t in line with the law.”
The diesel affair sparked global outrage and triggered the departure of VW’s former Chief Executive Officer Martin Winterkorn from the company in September 2015, just days after U.S. authorities disclosed their investigation.
Volkswagen itself had settled the criminal probe in 2018 by paying €1 billion (R20 billion) to German prosecutors.
Class Action
The diesel-emissions scandal has so far cost the carmaker more than €33 billion (R671 billion), including hefty sanctions that were part of a deal with U.S. authorities.
The company is still facing civil litigation in its home country, including a €9 billion (R183 billion) investor class action.
While the US has quickly charged and convicted several VW managers, Germany has lagged behind.
Rupert Stadler, the former chief executive officer of VW’s Audi unit, was sentenced to a suspended term in 2023 but that verdict is still pending on appeal.
Ex-VW CEO Herbert Diess and VW chairman Hans Dieter Pötsch settled a market-manipulation probe in 2020, both agreeing to pay €4.5 million (R91 million).
Winterkorn was originally charged alongside the four ex-managers but his trial was postponed due to health reasons.
It started shortly last year only to be postponed again over a medical condition. Winterkorn has denied any wrongdoing.
The Braunschweig trial started in 2021 after two postponements due to the Covid-19 pandemic. It took 175 hearing days.
Dozens of probes against other employees were dropped or they were allowed to settle and some later testified in the trial, stirring criticism by the current defendants who say they have been singled out and made scapegoats.
Neusser was also among five executives charged by the U.S. in January 2017 for their involvement in the scandal.
Because Germany doesn’t extradite its own citizens to nations outside the EU, they have so far escaped prosecutions in the U.S.
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