Bosch Sought Legal Protection from Volkswagen More than ‘Defeat Device’ Use: Lawyers

Bosch

(Reuters) – Auto supplier Robert Bosch GmbH concealed the use of Volkswagen AG’s secret “defeat device” software program that it helped style and demanded in 2008 that the German automaker offer legal protection in its use, lawyers for American owners alleged in a court filing.

The filing on Friday in U.S. District Court in San Francisco expands on claims plaintiffs lawyers produced in August, when they alleged Bosch was a “knowing and active participant” in Volkswagen’s decade-extended scheme to evade U.S. anti-pollution laws. Bosch lawyers stated last month those claims were “wild and unfounded.”

VW has admitted that it installed improper computer software that deactivated pollution controls on more than 11 million diesel cars sold worldwide and has agreed to devote as considerably as $ 16.five billion in the United States to address emissions concerns, which includes compensating owners of 475,000 2.-liter diesel cars.

The new filing delivers the most detailed list of claims against Bosch. Lawyers are also looking for redress for owners from Bosch.

The new court filing involves portions of the allegations that have been initially redacted in August by the plaintiffs below court rules and says Bosch “did not disclose its information of the illegal defeat device in any … communications with U.S. regulators.”

The filing said Bosch demanded in 2008 that Volkswagen indemnify it more than the use of the software developed by the German auto supplier, citing a June 2008 email from Bosch to VW.

The e mail demanded “Volkswagen indemnify Bosch for any legal exposure arising from operate on the defeat device,” the lawsuit said.

The lawyers stated VW apparently refused to agree to Bosch’s request but mentioned they are still investigating.

A U.S. Bosch spokeswoman and Volkswagen did not respond to a request for comment late Tuesday.

The filing also accuses Bosch Chief Executive Officer Volkmar Denner of realizing about the use of the defeat device. It alleges that in May 2014 Denner took part in a meeting with former VW CEO Martin Winterkorn that shows each “were aware of the illegal use of the defeat devices at least by Could 2014.”

Winterkorn resigned in September 2015.

Bosch makes an engine handle unit utilised by several leading automakers which includes VW. It supplied application and components to VW but has mentioned duty for how software is utilised to regulate exhaust emissions or fuel consumption lies with carmakers.

Bosch has not been charged with any wrongdoing. German prosecutors stated in December that they have been investigating no matter whether employees at the Stuttgart-primarily based organization have been involved in the rigging of emissions tests by VW.

Denner stated in January he had ordered an internal investigation and was cooperating with authorities. In April, Bosch said it had set aside 650 million euros for possible legal charges, including for a continuing investigation into the company’s role in Volkswagen’s emissions scandal.

In June, Deputy U.S. Lawyer Common Sally Yates said the VW investigation is looking at “multiple businesses and multiple people.” (Reporting by David Shepardson Editing by Cynthia Osterman)

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Report: A lot of Volkswagen Managers Knew About ‘Defeat Device’

Volkswagen Wolfsburg

A lot of staffers and managers inside Volkswagen’s engine-development division knew about Volkswagen’s illegal emissions-cheating “defeat device,” such as a whistleblower who told other executives, German newspaper Sueddeutsche Zeitung reported (by means of Reuters).

The report stated that there was a “desperation” amongst engineers tasked with producing a U.S.-emissions compliant diesel engine. Rather than going to the executive board with a failed engine, workers developed the cheat technique to avoid repercussions from larger-ups.

The report also indicates that Volkswagen alone — not alongside auto supplier Bosch — developed the defeat device.

Sueddeutsche Zeitung cited a supply inside Volkswagen who helped manipulate application to evade emissions tests, but said the supply alerted one more senior executive outside the division who said nothing at all.

According to Reuters, Volkswagen in Germany didn’t comment on the report.

The German newspaper mentioned the department took a “Schweigegelübde,” or “vow of silence” to safeguard themselves in the course of the investigation due to the fact that’s just a nightmare for Volkswagen.


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Volkswagen, EPA Disagree on ‘Defeat Device’ in three-liter Models

2014_touareg_tdi_3401

Responding to the Environmental Protection Agency’s notification that it had uncovered an illegal “defeat device” in some 3-liter, diesel Audi, Volkswagen and Porsche models, Volkswagen AG said in a statement Monday that it “wishes to emphasize that no software program has been installed in the three-liter V6 diesel energy units to alter emissions qualities in a forbidden manner.”

The statement flies in the face of the EPA’s allegation that a “temperature conditioning” mode in the vehicles’ computer systems timed exactly to the length of the agency’s 75 initials emissions tests permitted the vehicles to decrease emissions of nitrogen oxides by up to 9 times.

In its letter to the automaker, the EPA alleged that deliberate software was installed on the car’s engine handle personal computer, created to cheat emissions. From the EPA’s letter Monday to Volkswagen (emphasis mine):

VW manufactured and installed application in the electronic handle module (ECM) of every single vehicle that causes the car to perform differently when the car is being tested for compliance with EPA emission standards than in normal operation and use.

In other words, either Volkswagen does not agree with the EPA, believes its “temperature conditioning” setting — which the EPA said was timed to the second of its tests — coincidentally helped the auto accomplish decrease emissions, or some sleepy lawyers in Reduced Saxony haven’t gotten their coffee yet.

Either way, the Volkswagen diesel saga could have gotten a lot a lot more exciting.


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