BRAUNSCHWEIG (dpa-AFX) - "Manipulation and Volkswagen, that must never happen again" - with these words, CEO Martin Winterkorn appeared before the cameras on September 22, 2015. "Mr. Volkswagen" apologized, admitted misconduct, and promised: "We will get to the bottom of this."
One day later, Winterkorn resigned, and the comprehensive investigation into who was responsible for the manipulations continues to this day. A huge fraud case against four former managers and engineers – but without Winterkorn in the dock – is now nearing its conclusion. The verdict is expected to be announced on Monday (May 26).
What exactly is the criminal trial about?
In April 2019, the Braunschweig public prosecutor's office announced its charges against former VW boss Winterkorn and four other former executives at the car manufacturer. The prosecutors accused them of "multiple criminal offenses," but above all of a particularly serious case of fraud.
After several delays due to the coronavirus pandemic, the complex proceedings began in Braunschweig's city hall, subject to pandemic restrictions requiring masks and social distancing. In front of the world's press, the regional court's economic crimes division began its attempt to clarify the alleged personal responsibility of VW executives for one of the biggest economic scandals in German history.
But even before the trial began, it was clear that Winterkorn would not be in the dock. His case had been separated for health reasons. Most of those involved sharply criticized the absence of Germany's once highest-paid corporate executive. Many observers spoke of a start without the actual main character.
Almost four years of hearings – how did the trial go?
Without Winterkorn as the key figure, attention to the trial quickly waned. The group of journalists and other interested parties quickly dwindled until only the core of those involved in the trial remained. The proceedings moved to normal courtrooms in the regional court, where they took place with little media coverage, delving deeply into technical details.
The public prosecutor's office is convinced that the engineers and managers were deeply involved in the development and use of the manipulation software in millions of vehicles. To clarify the question of who knew what and when about the secret program, the four defendants accused their former boss Winterkorn and each other of various offenses.
It is now one person's word against another's. Engineers who are said to have proposed the defeat device say: "We expressed concerns and warned of the consequences." Their superiors counter that problems were discussed, but never illegal actions or fraud. Nothing significant has changed in this constellation in 174 days of hearings with around 150 witnesses.
What do we know today about the diesel scandal?
The origins of one of Germany's biggest industrial scandals go back a long way. In the mid-2000s, VW wanted to catch up with its competitors in the US with diesel cars. According to investigators, problems with compliance with emissions standards led to a series of cover-ups surrounding the software trick.
The scandal came to light in September 2015 when the US Environmental Protection Agency (EPA) reported manipulation of emissions tests on diesel cars. Shortly before, VW had admitted to falsifying test results. A few days later, CEO Winterkorn resigned and the carmaker slid into one of the biggest crises in its history.
This was followed by severe consequences, including prison sentences in the US, a billion-dollar fine paid by VW to the state of Lower Saxony, and compensation for around a quarter of a million diesel customers. In a lawsuit against the Volkswagen Group and the holding company Porsche SE, investors who suffered billions in share losses after the Dieselgate scandal have been fighting for damages since 2018.
In the first criminal ruling in Germany, former Audi boss Rupert Stadler was sentenced in Munich to one year and nine months' probation and a payment of 1.1 million euros for fraud. Initially, there had been an agreement, but the defense lawyers then surprisingly filed an appeal. The verdict is not yet final.
Shortly before the verdict – what does the future hold for the defendants?
In Braunschweig, the surprise was clearly visible on the faces of many of those involved in the trial when the prosecutors announced their demands for the sentence a few days ago. For three of the defendants, the public prosecutor's office considered a suspended sentence insufficient. The prosecutors requested prison terms of between three and four years for them. The defense, on the other hand, pleaded for three acquittals and a warning.
In emotional closing statements, the defendants emphasized how exhausting and tiring they found the nearly four-year trial. The men facing imprisonment made it clear that they were stunned by the sentence demanded ten years after the scandal came to light. However, they also described the respective pleas for the other defendants as "irritating and frightening," among other things.
While the four men are considered guilty of fraud by the prosecution, they vehemently deny the charges and see themselves more as pawns in a larger game. At the end of the trial, they also reiterated their surprise that investigations against other individuals involved had been dropped. There is an underlying accusation that some of the defendants were able to evade responsibility by making statements to the investigators that were merely for the sake of appearances.
The verdict will now be handed down on Monday, the 175th day of the trial.
What happens next and what about Winterkorn?
The legal proceedings, which according to the latest figures from the company have cost VW €33 billion, will not be over even after the verdict. In addition to the first trial and the proceedings against Winterkorn, four other criminal cases involving a total of 31 defendants are still pending in Braunschweig, according to a spokesperson for the regional court.
According to the public prosecutor's office, the proceedings against nine defendants were dropped in exchange for financial penalties. Proceedings against a further 47 people originally accused in the overall case were dropped during the investigation in exchange for financial penalties and with the approval of the regional court.
And Winterkorn? After years without making any major public appearances, he was questioned as a witness in the investor trial by the Higher Regional Court in Braunschweig in early 2024, where he denied responsibility for the diesel scandal. "I consider these allegations to be inaccurate," Winterkorn said.
A few months later, the now 78-year-old spoke as a defendant in court. He again denied the allegations against him and said his successful career had been damaged by the diesel scandal. However, an accident involving Winterkorn interrupted the trial after only a few days. It is completely unclear whether and when the proceedings can be continued. /bch/DP/zb
