Larry Burns, GM vice president of Research and Development and Planning, gestures during a press conference Thursday, January 27, 2005, in New York. General Motors, along with Shell Hydrogen LLC, announced plans to provide 13 fuel cell-powered vehicles to New York State, and to open New York state’s first hydrogen service station in 2006. Photographer:… Continue reading An Interview With Self-Driving Visionary Larry Burns, Co-Author of ‘Autonomy’
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On Tesla’s path to privatization, Morgan Stanley halts equity coverage of electric automaker
Morgan Stanley is no longer providing equity coverage on Tesla’s stock, the second firm to drop its stock rating on the electric automaker since CEO Elon Musk announced plans via Twitter to take the company private. Tesla declined to comment. Morgan Stanley could not be reached for comment to explain why it dropped Tesla. However,… Continue reading On Tesla’s path to privatization, Morgan Stanley halts equity coverage of electric automaker
Retro sports car maker Wiesmann to return next year
WIESMANN is the German sports car company most drivers have never heard of. Originally founded in 1985 by two brothers, the Dülmen-based company had developed a reputation for producing two-seaters that were inspired by great British sports cars from years passed. Even though its cars were accomplished enough to attract huge praise from the likes of… Continue reading Retro sports car maker Wiesmann to return next year
Feds on auto scandal: Fiat Chrysler sought to corrupt talks with UAW
Feds on auto scandal: Fiat Chrysler sought to corrupt talks with UAWCLOSE
Over a period of years, former Fiat Chrysler executive Al Iacobelli and former UAW Vice President General Holiefield helped to save Chrysler and then stole millions intended for worker training, authorities say.
Federal prosecutors say Fiat Chrysler Automobiles, through a key defendant in the wide-ranging training center scandal, “sought to corrupt and warp the labor-management relationship” with senior UAW officials.
The statement in a sentencing memorandum for Alphons Iacobelli, a former vice president of employee relations for FCA, is part of what appears to be a dramatic uptick in the rhetoric directed toward the automaker. The company, for its part, insisted in a response to the allegations that wrongdoing was limited to certain bad actors and did not affect contract bargaining.
Prosecutors, however, said the automaker wanted to influence labor contracts and that union officials failed in their duties to represent union members.
“FCA sought to obtain benefits, concessions and advantages in the negotiation and administration of collective bargaining agreements with the UAW in an effort to buy labor peace. High-level officials of the UAW sought to enrich themselves and live lavish lifestyles rather than zealously work on behalf of the best interests of tens of thousands of rank and file members of their union,” according to the 14-page document filed Monday.
The paperwork also says Fiat Chrysler provided more than $9 million in illegal chargebacks — money from FCA used to pay the salaries of UAW officials at the training center, a place that was supposed to provide for autoworker training — between June 2009 and July 2017. The government said Iacobelli and FCA viewed the chargebacks as a political gift to the UAW and that high-level UAW officials assigned union officials to the training center “with no intention that they would perform any real work at the NTC.”
The dollar figure suggests the government believes it was an even more pricey scheme than previously reported. Earlier stories had focused on allegations that $4.5 million had been misused, in part, on expensive clothing, jewelry and travel.
In its response to the allegations, the company called itself a victim in the case.
“FCA US firmly restates that it was a victim of illegal conduct by certain rogue individuals who formerly held leadership roles at the National Training Center (NTC), an independent legal entity. FCA US also confirms that the conduct of these individuals had no impact on the collective bargaining agreement,” according to a company statement issued Monday evening.
The company said the actions involved “a small number of bad actors, who, for personal gain, misappropriated training funds entrusted to their control and who, unfortunately, co-opted other individuals who reported to them to carry out or conceal their activity over a period of several years.”
The union has also insisted the case is limited to a few bad actors.
“The UAW has zero tolerance for corruption or wrongdoing, at any level of the organization. Now, our leadership team had no knowledge of the misconduct — which involved former union members and former auto executives — until it was brought to our attention by the government,” according to remarks last year by then-UAW President Dennis Williams.
The sentencing paperwork does, however, also focus on the specific role of Iacobelli, with the government pointing to his efforts to cooperate and suggesting a sentence of six years and four months rather than a possible eight-year sentence. Iacobelli is scheduled to be sentenced on Aug. 27.
“The court's sentence should reflect the seriousness of Iacobelli's crimes and the need to deter corporate executives, corporations, union officials and labor unions from similar conduct. At the same time, the sentence should account for Iacobelli's acceptance of responsibility and his sincere efforts at revealing vast labor-management corruption and assisting in efforts to end it,” according to the memorandum.
Prosecutors also said Iacobelli was able to avoid more than $800,000 in taxes on the “significant stream of income he directed to himself.”
Authorities previously said Iacobelli used $1 million in training center funds to buy a new pool, $35,000 pens and even a Ferrari.
Prosecutors noted that Iacobelli, for certain aspects of the negotiations and relationship with the UAW, reported directly to former FCA CEO Sergio Marchionne, who died in July.
Read more:
Fiat Chrysler-UAW scandal 'did not begin with Iacobelli,' his lawyers argue
Professor: Feds suggest UAW/Fiat Chrysler scandal was wider conspiracy
In his own sentencing memorandum, Iacobelli's attorney, David DuMouchel, argued that the corruption at the heart of the case — bribing of UAW officials with travel, jewelry, cash and more — preceded Iacobelli. DuMouchel requested a sentence of 37-46 months in prison.
Peter Henning, a Wayne State University law professor and former federal prosecutor, had noted previously that the government appeared to be more directly focusing its fire on the automaker.
He said that language in the plea agreement this year for former FCA director of employee relations Michael Brown indicates that the Justice Department sees a more widespread case.
“I think that the Justice Department is making the point that it wasn’t just lining their pockets, but that this went much deeper, that this affected the union contracts,” Henning told the Free Press in June.
Authorities said Iacobelli worked closely with the late General Holiefield, a former UAW vice president, on the scheme.
Holiefield's widow, Monica Morgan, was the first person to be sentenced in the scandal.
U.S. District Court Judge Paul Borman issued an order last week that will allow Morgan to report for prison on Oct. 1, rather than Aug. 29.
Morgan had requested the extra time “to allow her to finish putting her personal affairs in order,” according to the paperwork signed by the judge.
Last month, Morgan, a prominent metro Detroit photographer, filed paperwork to appeal her 18-month sentence on a tax charge, to which she pleaded guilty in February. That case is with the U.S. 6th Circuit Court of Appeals.
Authorities said Morgan hid $201,000 on her 2011 taxes, and Morgan, in plea documents, acknowledged that the money came from criminal activity.
Two other defendants in the case — Keith Mickens, a former labor leader, and ex-FCA analyst Jerome Durden — were expected to appear in court Friday for sentencing, but those proceedings have been rescheduled for Nov. 7.
Contact Eric D. Lawrence: elawrence@freepress.com. Follow him on Twitter: @_ericdlawrence. Staff writer Tresa Baldas contributed to this report.
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Corrupt FCA exec reported to Marchionne amid scheme
Corrupt FCA exec reported to Marchionne amid schemeDetroit — Federal prosecutors Monday drew a direct line between former Fiat Chrysler CEO Sergio Marchionne and Alphons Iacobelli amid a multimillion-dollar conspiracy to corrupt labor negotiations with the United Auto Workers.
In a federal court filing, prosecutors noted that Iacobelli, as Fiat Chrysler's top labor negotiator, reported directly to Marchionne regarding certain aspects of Fiat Chrysler's negotiations and relationship with the UAW.
It was the first time the government referred to Marchionne by title and served as the government's strongest statement about the late auto CEO and a years-long criminal conspiracy designed to wring concessions from the UAW by funneling money and illegal gifts to labor leaders. Those illegal payments included $1,000 pairs of designer shoes, first-class travel, furniture, lavish meals, parties, jewelry and custom-made Italian watches.
The conspiracy continued after Iacobelli left Fiat Chrysler in 2015, prosecutors said while adding that the former labor negotiator has helped expose “vast labor-management corruption” and is “assisting in efforts to end it.”
“The seriousness of the corruption of the labor-management relationship cannot be overstated,” Assistant U.S. Attorney David Gardey wrote in the filing. “Because of FCA’s conduct, through Iacobelli and others, tens of thousands of hourly UAW workers were deprived of the representation that they deserved and paid for in union dues.”
Prosecutors made the allegations in a federal court filing ahead of Iacobelli's sentencing for violating federal labor laws and a tax crime. The government wants Iacobelli, 59, of Rochester Hills, to spend more than six years in federal prison when U.S. District Judge Paul Borman sentences the former auto executive Aug. 27.
The filing came four days after The News reported that Marchionne gave an expensive Italian watch to United Auto Workers Vice President General Holiefield and failed to disclose the gift while being questioned by federal investigators.
In the filing Monday, prosecutors noted that UAW officials received multiple “custom-made Italian watches,” but stopped short of saying Marchionne gave the gifts.
Marchionne, 66, was never charged with a crime before he died July 25 in a Zurich hospital.
A Fiat Chrysler spokeswoman declined to comment on the federal filing.
The watches, money and illegal gifts were part of a conspiracy to buy labor peace from a cash-strapped UAW, prosecutors said.
Iacobelli is the highest-ranking Fiat Chrysler official convicted in the conspiracy. Seven people have been convicted, including Holiefield's widow, Monica Morgan-Holiefield, who was sentenced to 18 months in federal prison last month.
Iacobelli funneled millions to UAW officials through the jointly operated UAW-Chrysler National Training Center.
He also enjoyed a lavish lifestyle bankrolled by Fiat Chrysler cash.
“This additional income that Iacobelli received took many forms, including a Ferrari, jewel-encrusted pens, hundreds of thousands of dollars in improvements and additions to the pool at his residence, personal spending on his credit cards, and more,” the prosecutor wrote.
The filing Monday also came one week after Iacobelli's lawyer pushed the judge to sentence the auto executive to less than four years in prison.
Iacobelli could be sentenced to eight years in prison under terms of a plea deal. But prosecutors said he deserves a break for admitting responsibility and cooperating with the ongoing investigation.
“. . . the sentence also should account for Iacobelli’s acceptance of responsibility and his sincere efforts at revealing vast labor-management corruption and assisting in efforts to end it,” Gardey wrote.
According to prosecutors, one scheme that continued after Iacobelli's departure was reimbursing the UAW for salaries and benefits of labor officials assigned to the training center. The reimbursement is called a “chargeback.”
A “large number” of UAW officials provided little, if any, work at the training center, according to the government, which called the practice a “political gift” from Fiat Chrysler to the union.
“It was merely a corrupt mechanism whereby FCA money could be used by the UAW to keep the UAW’s costs down,” the prosecutor wrote.
From 2009 to last year, the chargebacks saved the UAW more than $9 million, according to the government.
rsnell@detroitnews.com
(313) 222-2486
Twitter: @robertsnellnews
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Tesla pares losses in volatile trading after falling below $300
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Elon Musk
Tesla's stock price fell below $300 per share at one point on Monday as investors in the electric car maker continued to doubt the validity of a privatization proposal by founder Elon Musk.
Shares of the Palo Alto, California-based company fell as low as $288.20 before rebounding shortly after the open of trading. The stock was down 0.6 percent at $303 as of 10:43 am ET.
Earlier Monday, J.P. Morgan slashed its projections for the carmaker, telling clients that while it originally took chief executive Elon Musk's proposal to take the company private at $420 per share seriously, the funding to do so “appears to not have been secured.”
The firm pared its year-end price target for Tesla shares back to $195 from $308, representing 36 percent downside to Friday's close.
But while the bearish J.P. Morgan note may have weighed on the stock Monday, investors have had plenty of reason to question the CEO over the past few weeks.
Shares also fell after news broke that PIF, the Saudi Arabian sovereign wealth fund that Musk has said could help him fund an offer to take the car company private, is in talks to invest in rival Lucid Motors, Reuters reported cited sources.
The Securities and Exchange Commission, meanwhile, reportedly served Tesla with a subpoena early last week after Musk's now-infamous privatization tweet.
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Earlier reports said the SEC had intensified scrutiny of the automaker after the Aug. 7 tweet. A subpoena would be one of the first steps in a formal inquiry.
The SEC declined CNBC's request for comment on the subpoena.
Musk admitted last Thursday in an emotional interview with The New York Times that the past year has been taxing for him, blaming so-called short-sellers — investors betting against the company — for much of his stress.
He told the newspaper he's overwhelmed by the job, has been working up to 120 hours per week and takes Ambien to fall asleep on occasion.
Tesla shares tumbled 9 percent to $306 the day following the interview.
Columnist and businesswoman Arianna Huffington later called on Musk to adopt a healthier work-life balance in light of the interview, but he said that's not a viable option.
Musk told the Huffington Post founder in a tweet Sunday morning that his car company and Ford are the only two American automakers that have avoided bankruptcy. He then added, in an apparent reference to his long workweek: “You think this is an option. It's not.”
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FCA chief failed to disclose gift to UAW, sources say
FCA chief failed to disclose gift to UAW, sources sayDetroit — Fiat Chrysler's longtime CEO Sergio Marchionne gave an expensive Italian watch to United Auto Workers Vice President General Holiefield and failed to disclose the gift while being questioned by federal investigators, two sources told The Detroit News.
The sources describe a dramatic “gotcha” moment during a secretive July 2016 meeting between Marchionne, head of Fiat Chrysler Automobiles NV, and investigators. It ended with the auto executive exposed to the possibility of federal charges.
Marchionne, 66, was never charged before he died July 25 in a Zurich hospital.
The auto executive's gift of a watch to a ranking union leader could bolster any criminal case against FCA, which has been named co-conspirator in the case along with the UAW. Both organizations could face criminal charges, fines and governmental oversight.
Flanked by his white-collar criminal defense lawyer, William Jeffress, at the U.S. Attorney's Office in Detroit, Marchionne was asked by investigators whether he had given UAW leaders valuable items.
Marchionne said no, according to the two sources, who spoke under the condition of anonymity because they were not authorized to discuss the case.
Investigators then confronted Marchionne with evidence he had given Holiefield a custom-made Terra Cielo Mare watch in February 2010. The Italian watchmaker has produced custom-made, limited-edition timepieces with the Fiat logo emblazoned on the dial since at least 2006.
A 2014 model featuring the Fiat logo and a mustard-yellow dial retailed for $2,245.
The watch given to Holiefield came with a hand-written note from what documents identify only as an unnamed FCA executive: “Dear General, I declared the goods at less than fifty bucks. That should remove any potential conflict. Best regards, and see you soon,” according to federal court records obtained by The News.
It is unclear whether investigators showed Marchionne the watch and note or just photographs of them, and it is unknown whether federal agents have the watch.
“There is a lot of intrigue here,” said Peter Henning, a Wayne State University law professor and former federal prosecutor. “Prosecutors had him and had leverage over him. This was an arrow in the government's quiver.”
Holiefield died in March 2015. The next year, Holiefield's home in Harrison Township was raided by federal agents investigating his widow, Monica Morgan-Holiefield, who was convicted and sentenced to 18 months in federal prison last month for her role in the scandal.
The raid was one stop in a broader series of searches that included the homes of Alphons Iacobelli, the automaker's top labor negotiator, and former UAW Vice President Norwood Jewell.
An inventory of items seized during the raid at Morgan-Holiefield's home is sealed in federal court.
Also unclear is how Marchionne explained the watch after being confronted by investigators. It is unknown whether Marchionne reached an agreement before talking to the government that would have granted him limited immunity as long as the auto executive told the truth.
“If you don't tell the truth, all bets are off,” Henning said. “If you lie, the government can use what was said against you. The FBI doesn't give you a free pass on lying.”
It is unclear why Marchionne was never charged. The potential charges include making a false statement and violating a federal labor law barring employers from giving union officials money and valuable items.
“Prosecutors are playing the long game,” Henning said. “We don't know what would have happened in six months if his health had been all right.”
It is possible FBI agents and prosecutors continued to build a criminal case against Marchionne, Henning said.
“He could have said he forgot about the watch, so the government has got to be a little careful,” he said. “When he said 'no,' it looks like they've got him, but the government has to ask if maybe it's not worth charging him but get his cooperation.”
The custom-made timepiece by Terra Cielo Mare is described in court records as an example of a stream of illegal benefits flowing from Fiat Chrysler to labor leaders during a years-long conspiracy designed to wring concessions from the UAW.
Federal prosecutors have left clues to Marchionne's involvement in hundreds of pages of federal court filings that referenced, but never publicly identified, the auto executive. Instead, the government identified Marchionne only as “FCA-1” as the investigation continued and prosecutors secured convictions against three Fiat Chrysler officials.
Fiat Chrysler released a statement to The News on Wednesday: “FCA US continues to cooperate fully with this investigation. The company also confirms that Sergio Marchionne met with the government in July 2016, in the spirit of full cooperation, where he answered questions to the best of his recollection. As the U.S. attorney’s investigation is ongoing, the company cannot comment further.”
The U.S. Attorney's Office would not discuss the meeting with Marchionne or say whether he was a target of an investigation that has led to seven convictions. Those include Iacobelli, who is scheduled to be sentenced Aug. 27.
Iacobelli was accused of using more than $1 million in Fiat Chrysler funds on a Ferrari 458 Spider convertible, which he outfitted with an “IACOBLI” vanity plate, a pool at his Rochester Hills mansion and two solid-gold, bejeweled Montblanc fountain pens that cost $35,700 each.
The first reference to Marchionne in federal court records is on page 19 of a 42-page indictment last year charging Iacobelli and Holiefield's widow with conspiring to violate federal labor laws.
The indictment outlines a scheme by Fiat Chrysler executives to keep UAW officials “fat, dumb and happy.” Executives funneled money and gifts to labor leaders through the jointly operated UAW-Chrysler National Training Center, according to the indictment.
UAW leaders who served on the training center's board were given credit cards paid for by the automaker. UAW officials were given free rein to buy personal items, including $1,000 pairs of Christian Louboutin shoes, jewelry, purses, and a $2,180 shotgun for Jewell, according to court records and interviews. Jewell has not been charged with a crime.
In January 2014, then-UAW President Bob King was investigating how Holiefield and other union officials were using training center credit cards, according to the indictment.
That month, King’s senior assistant asked an unnamed Fiat Chrysler official for the credit card records, according to the Iacobelli indictment.
The unnamed Fiat Chrysler official emailed Iacobelli.
“We can’t provide the requested type of information to such people,” the email read. “If we tell (King and his assistant) that we aren’t giving them (expletive), what are they going to do, tell (FCA-1) we are being uncooperative? If so, so what?”
“We are providing nothing,” Iacobelli responded, according to the indictment. “We’re gonna have fun with these evil people.”
The conspiracy is damaging and sows distrust among UAW members, Henning said.
“More than anything, it shows union leadership appears to have been bought with trinkets,” he said. “The mistrust this fosters among union members is incredible.”
rsnell@detroitnews.com
(313) 222-2486
Twitter: @robertsnellnews
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CORRECTED-NIO seeks to raise $1.8 bln in biggest U.S. listing by China automaker
HONG KONG/SHANGHAI (Reuters) – Chinese electric vehicle start-up NIO on Monday filed for a $1.8 billion initial public offering of its American depositary shares, the biggest U.S. listing by a Chinese automaker. FILE PHOTO: Visitors check NIO ES8 displayed during a media preview of the Auto China 2018 motor show in Beijing, China April 25,… Continue reading CORRECTED-NIO seeks to raise $1.8 bln in biggest U.S. listing by China automaker
There are big doubts about how Musk will pull off the Tesla buyout, but Morgan Stanley may have found a way
Morgan Stanley is telling its clients there might a way to get funding for Elon Musk’s plan to take Tesla private.
Fiat-Chrysler shares jump nearly 4% as Magneti Marelli spinoff appears more likely
Fiat-Chrysler Automobiles has rebuffed buyers interested in its automotive parts unit Magneti Marelli and is holding fast to its plan to spin off the business, reported Bloomberg Thursday, citing sources.