Volkswagen Notches Early Win in Legal Fight With SEC
August 20 2020 - 6:20PM
Dow Jones News
By Dave Michaels
WASHINGTON -- A federal judge on Thursday dismissed part of a
civil fraud case against Volkswagen AG, a ruling that validated the
company's claims that regulators piled on with a 2019 lawsuit over
its emissions scandal.
Volkswagen had already settled some of the regulatory claims in
a 2016 deal with the Justice Department, wiping out the Securities
and Exchange Commission's ability to sue over some bonds that were
sold, U.S. District Judge Charles Breyer wrote. The settlement
covered claims that Volkswagen's failure to disclose a device that
cheated on emissions tests defrauded purchasers of $4.9 billion in
asset-based bonds.
The decision is a loss for the SEC, which filed the lawsuit in
March 2019 and argued the Justice Department couldn't override its
ability to enforce investor-protection laws. Judge Breyer let some
of the case proceed -- Volkswagen hadn't sought an outright
dismissal -- but he did extinguish certain pillars of the case
related to $8.3 billion in other bonds that were sold.
"Volkswagen is pleased with the court's decision to dismiss all
of the SEC's claims with regard to almost $5 billion in auto
asset-backed securities and to limit the scope of the remaining
litigation," said Robert Giuffra, an attorney for the company at
Sullivan & Cromwell LLP.
SEC spokesmen didn't respond to a request for comment.
The crux of the SEC's case is that Volkswagen sold more than $13
billion in debt securities at a time when, regulators alleged,
senior executives knew that more than 500,000 vehicles in the U.S.
grossly exceeded legal emissions limits. The SEC said in its
complaint that failing to disclose the cars' vehicle-emissions
problems in bond-offering documents defrauded investors.
Judge Breyer previously questioned why the SEC brought
securities-fraud claims against Volkswagen years after other
government agencies resolved their litigation over the auto maker's
diesel-cheating scandal. The judge in 2019 suggested the agency
looked like a "carrion hawk" picking over the remains of a
crime.
Judge Breyer ordered the two sides to try to settle the case,
but the SEC and Volkswagen said in March that they hadn't been able
to reach a deal.
Volkswagen pleaded guilty to criminal charges in 2016 and has
paid more than $25 billion in fines, penalties and compensation to
settle criminal and civil litigation. The company said Thursday
that it plans to continue fighting the SEC and believes the SEC
isn't entitled to obtain any fines stemming from the bond
offerings.
The SEC also sued Martin Winterkorn, Volkswagen's former chief
executive. Mr. Winterkorn, who lives in Germany, has been indicted
in his home country and in the U.S. in connection with the
emissions scandal. Judge Breyer's order allowed the case against
Mr. Winterkorn to proceed.
Write to Dave Michaels at dave.michaels@wsj.com
(END) Dow Jones Newswires
August 20, 2020 18:05 ET (22:05 GMT)
Copyright (c) 2020 Dow Jones & Company, Inc.
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