SEC alleges Volkswagen ‘perpetrated a massive fraud’ and repeatedly lied to US investors

David Gray | Reuters

The Securities and Exchange Commission alleged in a court filing that Volkswagen “perpetrated a massive fraud” and repeatedly lied to U.S. investors in connection with the so-called dieselgate scandal.

The regulator is suing Volkswagen and its former chief executive Martin Winterkorn over the German automaker's diesel emissions scandal. The suit seeks to bar Winterkorn from serving as an officer or director of a public U.S. company and recover “ill-gotten gains.” Winterkorn was charged by U.S. prosecutors in 2018 and accused of conspiring to cover up the German automaker's diesel emissions cheating.

The SEC said in its complaint filed in San Francisco that from April 2014 to May 2015, Volkswagen issued more than $13 billion in bonds and asset-backed securities in U.S. markets at a time when senior executives knew that more than 500,000 U.S. diesel vehicles grossly exceeded legal vehicle emissions limits.

“By concealing the emissions scheme, Volkswagen reaped hundreds of millions of dollars in benefit by issuing the securities at more attractive rates for the company,” the SEC said in a summary of its filing.

Volkswagen said the SEC complaint “is legally and factually flawed.” Reuters reported that a lawyer for Winterkorn could not immediately be reached early on Friday.

VW had said in its annual report that the SEC could take enforcement action against the company over the German automaker's involvement in the emissions scandal.

The automaker said the agency is “piling on” and that the agency's complaint is without merit.

The SEC has asked Volkswagen for information on potential securities law violations over certain investments the company may have sold to investors. The agency is looking for evidence determining whether the automaker failed to disclose information about vehicles that didn't comply with U.S. emission standards when it issued certain securities to investors.

The SEC can issue fines and other civil penalties for violations of securities law.

One of the world's largest carmakers, Volkswagen was rocked by reports first surfacing in 2015 that it had been caught cheating on emissions tests in the United States. The subsequent scandal cost Volkswagen billions of dollars to settle and forced the automakers to recall millions of vehicles.

Here is Volkswagen's full statement to CNBC:

The SEC's complaint is legally and factually flawed, and Volkswagen will contest it vigorously. The SEC has brought an unprecedented complaint over securities sold only to sophisticated investors who were not harmed and received all payments of interest and principal in full and on time. The SEC does not charge that any person involved in the bond issuance knew that Volkswagen diesel vehicles did not comply with U.S. emissions rules when these securities were sold, but simply repeats unproven claims about Volkswagen AG's former CEO, who played no part in the sales. Regrettably, more than two years after Volkswagen entered into landmark, multibillion-dollar settlements in the United States with the Department of Justice, almost every state and nearly 600,000 consumers, the SEC is now piling on to try to extract more from the company.

—Reuters contributed to this report.

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VW budgets $9 billion for electric vehicles with luxury brand Audi taking lead with 30 new EVs

picture alliance | picture alliance | Getty Images
The Audi Q4 e-tron concept is presented at the Geneva Motor Show on the first press day. The 89th Geneva Motor Show starts on 7 March and lasts until 17 March.

The luxury arm of Volkswagen plans to accelerate its push into battery electric vehicles with 30 BEVs expected to reach the market by 2025, company officials announced during their annual meeting on Thursday morning.

But the move is expected to ding the brand's bottom line. Volkswagen expects to spend about $9 billion on electrification by 2023 — much of that through Audi, which is taking a leading role in the corporate effort. Audi is developing a new battery-vehicle “architecture,” dubbed premium platform electric, or PPE, that will be shared by other brands, including Porsche.

That is one of the key reasons why Audi's operating return on sales will run between 7 and 8.5 percent in the near-term, officials said during a meeting at brand headquarters in Ingolstadt, Germany, compared to a long-term Audi goal of between 9 and 11 percent.

Audi officials said they are taking steps to trim costs, even as they hope to counter a worldwide decline in sales last year.

“The transformation plan is making a significant contribution towards safeguarding our future,” Alexander Seitz, Audi's member of the board of management for finance, China, compliance and integrity, said in Ingolstadt. “Because only in this way is it possible for us to transfer enormous resources into future areas and generate the cash flow to finance electric mobility.”

Audi
Audi e-tron GT Concept car unveiled in Los Angeles on November 28, 2018.

Like its parent, Audi is a relative latecomer to the push into battery propulsion, but it found religion after it was revealed that the German automaker had cheated on emissions tests involving the diesels that were a centerpiece of the corporate powertrain strategy. The scandal that erupted has already cost it around $30 billion in fines and settlements in the U.S. and costs continue to mount in Europe. While VW and Audi aren't abandoning diesels entirely, they are planning to steadily shift emphasis to electrified powertrains.

The Securities and Exchange Commission opened an investigation into the emissions scandal in January 2017 and told the company it may take its own action against the automaker, the company disclosed in a securities filing Thursday.

For its part, Audi is taking a multi-pronged approach to its plans to go electric. It has four new plug-in, hybrid or electric vehicles, or PHEVs, making their debut at the Geneva Motor Show, which runs through Sunday. But, longer-term, the luxury brand is putting the emphasis on pure battery-electric vehicles, or BEVs.

Bloomberg | Getty Images
A monitor displays wing-mirror video camera footage inside an Audi e-Tron.

Audi has unveiled a number of all-electric concept vehicles over the last several years, including the Q4 e-tron that debuted at the Geneva show. And more are coming, starting with the Q2 L e-tron scheduled for the upcoming Shanghai auto show. Another is in the works for the big Frankfurt Motor Show in September.

The Q4 Concept will be tweaked only slightly when it goes into production late in 2020 or early 2021, Audi's global design chief Marc Lichte told reporters in Ingolstadt. He told CNBC last November, that's the same story for the e-tron GT Concept that was unveiled at the Los Angeles Auto Show, with the production model due out in 2020.

The Q2 coming to Shanghai, meanwhile, is expected to translate into a production model specifically earmarked for China that will roll into showrooms within the year.

All told, Audi has announced specific production plans for five battery-electric vehicles so far, a list that includes its first model, the e-tron that started rolling down its assembly line in Brussels last September. The SUV will be followed this year by the e-tron Sportback model.

Both of those models will offer more than 200 miles of range per charge, a figure that industry planners and analysts widely agree is the minimum consumers now expect. There may be some exceptions for so-called “city cars” that would be targeted at urban dwellers whose travel needs are limited.

Stefanie Keenan | Getty Images
Robert Downey Jr. (L) and Head of Design of Audi AG, Marc Lichte attend the global reveal of the Audi e-tron GT concept on November 26, 2018 in Los Angeles, California.

Like its competitors, Audi is counting on driving down battery costs, company officials told CNBC at the Los Angeles Auto Show, though most studies anticipate that the price of battery electric vehicles won't be on par with conventionally powered models until around the middle of the coming decade.

The industry, as a whole, faces a variety of challenges increasing the appeal of battery-cars just as manufacturers begin rolling out a tidal wave of new models. The risk, warned a 2018 study by Detroit-based AlixPartners, is that there could be “a pile-up of epic proportions” coming that would lead to billions of dollars in losses across the industry.

One of the key consumer concerns is charging – both the availability of charging stations and the time it takes to replenish drained batteries.

David Paul Morris | Bloomberg | Getty Images
The new Audi AG E-Tron all-electric sport utility vehicle (SUV) stands during a launch event in Richmond, California, U.S., on Monday, Sept. 17, 2018.

Audi and its parent are pushing to set up public charging networks in both Europe and the U.S. Volkswagen is partnering with erstwhile rivals BMW and Daimler in Europe and, in the States, VW is funding a charging infrastructure through Electrify America. That subsidiary was created with $2 billion set aside from the automaker's diesel emissions settlement.

Many of those chargers will be Level 3, capable of delivering 800 volts of direct current at upwards of 350 kilowatts — about seven times more power than can be delivered by the first generation of DC “fast chargers.” For vehicles capable of taking on that much power, that would allow them to boost range by as much as 20 miles a minute, narrowing the gap with the time it takes to fill up a gas tank.

Audi's electrification plans will rely on the use of two specially designed, skateboard-like architectures that place their batteries and motors below the floorboards. Some low-end models will rely on the MEB platform being developed primarily for the mainstream Volkswagen, Seat and Skoda brands. But most future Audi products will be based on the more advanced PPE architecture the brand is co-developing with Porsche – which has already announced plans for three production models of its own starting with the Taycan sports car going on sale later this year.

The PPE platform boasts advanced capabilities, such as torque vectoring, which allows a vehicle to power through a corner more aggressively. It also allows higher levels of horsepower and torque, a basic requirement for luxury brands like Audi and Porsche.

Audi

The shift to battery electric vehicles is expected to put some of Audi's familiar lineup at risk, notably some performance products like the TT roadster.

“It's part of our DNA,” Audi board member Hans-Joachim Rothenpieler said during a meeting with reporters in Ingolstadt, reported CNET. But while he added that product planners are “fighting for it,” the question is how to make both a technical and a business case for switching it to electric drive.

Other models, such as the R8 supercar, could also be at risk if Audi were to eventually go all-electric. But company officials are hoping to replace such gas-powered products with new performance alternatives, such as the e-tron GT that was introduced in Los Angeles in November.

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3:22 PM ET Fri, 30 Nov 2018 | 01:35

SEC may charge Volkswagen over diesel scandal. Automaker says agency is ‘piling on’

Patrick T. Fallon | Bloomberg | Getty Images
Hoses connect laboratory emission testing equipment to a red 2016 Volkswagen AG Golf TDI inside the California Air Resources Board Haagen-Smit Laboratory in El Monte, California.

The Securities and Exchange Commission may take enforcement action against Volkswagen over the German automaker's involvement in the “dieselgate” emissions scandal, according to VW's annual report.

The automaker said the agency is 'piling on' and that the agency's complaint is without merit.

The agency told Volkswagen it opened in January 2017 a formal investigation, which is ongoing and may result in an enforcement action, according to the annual report. The SEC can issue fines and other civil penalties for violations of securities law.

The SEC has asked Volkswagen for information on potential securities law violations over certain investments the company may have sold to investors. The agency is looking for evidence determining whether the automaker failed to disclose information about vehicles that didn't comply with U.S. emission standards when it issued certain securities to investors.

The SEC declined to comment to CNBC. Volkswagen said the complaint is “legally and factually flawed and that the automaker will “contest it vigorously.”

One of the world's largest carmakers, Volkswagen was rocked by reports first surfacing in 2015 that it had been caught cheating on emissions tests in the United States. The subsequent scandal cost Volkswagen billions of dollars to settle and forced the automakers to recall millions of vehicles.

Here is Volkswagen's full statement:

“The SEC's complaint is legally and factually flawed, and Volkswagen will contest it vigorously,” the automaker said to CNBC. “The SEC has brought an unprecedented complaint over securities sold only to sophisticated investors who were not harmed and received all payments of interest and principal in full and on time. The SEC does not charge that any person involved in the bond issuance knew that Volkswagen diesel vehicles did not comply with U.S. emissions rules when these securities were sold, but simply repeats unproven claims about Volkswagen AG's former CEO, who played no part in the sales. Regrettably, more than two years after Volkswagen entered into landmark, multibillion-dollar settlements in the United States with the Department of Justice, almost every state and nearly 600,000 consumers, the SEC is now piling on to try to extract more from the company.”

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