NEW YORK / WASHINGTON probably Volkswagen have to demonstrate that it had legitimate reasons to install the software enabled distort testing vehicle emissions if want to dodge the action of the US criminal justice, said a team of lawyers.
The German manufacturer admitted that used air cleaning regulators in some of its diesel models had installed a “device”, designed to handle emission measurements.
Therefore, the company could face large civil fines by the US government, lawyers said experts in environmental processes, but not involved in the case of Volkswagen .
criminal investigation seeks not only to detect possible violations the US Clean Air Act, but also expand the size attained by fraud, false statements to regulators and other crimes, the lawyers explained.
The employees are also liable to be investigated individually and may have to face criminal charges if found to have committed a crime, added the specialists.
The deliberate falsification of results on toxic emissions could be seen through the righteousness of United States as a multiple fraud against consumers, regulators and distributors, lawyers explained.
However, it is expected that there is a debate between the Justice Department and the legal team of Volkswagen to clarify the reasons why the company and its employees decided to install this software.
Generally, the US court must find facts that demonstrate a clear intent to commit a crime, as incriminating emails or information from cooperating witnesses, due to the installation of devices not necessarily evidence misconduct intentional.
Research at Volkswagen could be one of the first cases in which the Justice Department decides to apply the new guidelines to toughen sentences on such matters and increase the number of prosecutions of corporate executives.
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