- What was Winterkorn aware of?
The legal system is sticking to its plan, nearly nine years after the diesel scandal at Volkswagen became public knowledge, the role of the ex-CEO Martin Winterkorn is set to be thoroughly scrutinized. The Regional Court of Braunschweig has scheduled nearly 90 court dates for the criminal trial, running until September 2025. The proceedings are set to commence on September 3rd. However, recent health issues of the 77-year-old have raised concerns about his ability to attend the trial.
Just a few weeks ago, in July, Winterkorn underwent another knee operation due to a medical emergency. Though the operation was reportedly successful, he is said to be physically weakened and required a stay in a rehabilitation clinic. The question of whether the former CEO will be able to travel regularly from Bavaria to Lower Saxony for the two-day trial sessions is valid, especially considering the justice system's previous disruptions due to health issues.
Winterkorn missed the first major fraud trial
Winterkorn was initially supposed to sit in a Braunschweig courtroom with four other former VW managers and engineers from September 2021. The charges for the trial, which had been ongoing for three years, were commercial and gang-related fraud involving the cheating program. However, a fitness report just before the start found Winterkorn unfit to stand trial due to several hip operations. As a result, the judge separated the Winterkorn complex from this trial, a move that attracted criticism.
A new attempt is being made to examine Winterkorn's actions and knowledge in court. To refresh public memory, the Economic Crimes Chamber recently summarized the bundled charges in a six-page preview. The charges include commercial fraud, market manipulation, and making a false statement under oath. Winterkorn is accused of misleading VW buyers about the car characteristics and intentionally not informing the capital market in a timely manner about the penalty payment risks in September 2015. In 2017, he is alleged to have made a false statement under oath before the Bundestag Parliamentary Investigative Committee.
Approximately nine million vehicles affected in Europe and the USA
The diesel scandal was exposed in September 2015 by investigations from US environmental authorities and scientists. According to the court, around nine million vehicles in Europe and the USA were affected by the diesel manipulations, causing hundreds of millions of euros in damages to buyers. The scandal plunged VW into its most severe crisis in history and cost billions of euros for legal clarification. Winterkorn resigned and later admitted that his name was associated with the diesel scandal.
However, he always denied personal criminal responsibility. In early 2024, Winterkorn testified as a witness in court for the first time. "I consider these charges to be unfounded," said the former CEO during the billion-dollar civil trial of investors against VW at the Higher Regional Court of Braunschweig. Winterkorn referred to the two criminal proceedings for fraud and market manipulation brought by the Braunschweig Public Prosecutor's Office. The charge of false testimony before the Bundestag comes from Berlin prosecutors.
Physically weakened Winterkorn needs rest breaks.
In his testimony, Winterkorn stated that he was not involved in the decisions regarding the manipulation software. "I neither requested, supported, or tolerated the use of this function." During the subsequent four-day cross-examination, it became clear that the operations left their marks. Winterkorn appeared unwell and required frequent breaks. This is likely to also apply to the criminal trial if it proceeds as planned.
Despite the ongoing legal proceedings against him, Winterkorn's health issues have led to missed trial appearances. Regardless, the diesel business scandal involving nearly nine million affected vehicles continues to warrant an examination of Winterkorn's actions and knowledge in the diesel business.
