- What was Winterkorn aware of?
The justice system is sticking to its plan - almost a decade after the diesel scandal at Volkswagen was revealed, the role of ex-CEO Martin Winterkorn is finally set for a thorough scrutiny. The Regional Court of Braunschweig has arranged around 90 hearings until September 2025, with the trial commencing on Tuesday (3rd September). Recent reports about Winterkorn's health had raised doubts about these plans.
Despite these doubts, the trial's start date remains unaltered just hours before it was scheduled to begin. The Regional Court has not indicated any plans to postpone the trial again due to health concerns by midday today.
Will Winterkorn finally face the comprehensive investigation he promised in his apology video in 2015? "I'm still without answers to all the questions," he said then. It's challenging to believe that the former CEO has discovered new information in the past years that he would now share with the economic crimes chamber in Braunschweig.
Health concerns had emerged due to Winterkorn undergoing another knee operation in July. Although the operation was successful, his physical condition has reportedly weakened, necessitating a stint in a rehabilitation clinic. The legitimacy of Winterkorn traveling from Bavaria to Lower Saxony almost every week to sit in the defendant's seat for two days is open to question. His health has previously disrupted the justice system's plans.
Winterkorn missed the first major fraud trial
Initially, Winterkorn was scheduled to attend a courtroom in Braunschweig with four other former VW managers and engineers from September 2021. The trial, which has yet to reach a conclusion after three years of proceedings, included charges of commercial and criminal fraud involving the cheating software.
However, an expert opinion determined that Winterkorn lacked the capacity to participate in the trial due to several hip operations. To move forward with the "Dieselgate" investigation, the judge separated the Winterkorn case from this trial, a decision that attracted criticism.
Now, another attempt is being made to examine Winterkorn's actions and knowledge in court. In a recent summary, the economic crimes chamber outlined the charges against Winterkorn, which include commercial fraud, market manipulation, and making a false statement. He is accused of misleading VW customers about the vehicles' specifications and deliberately withholding information about potential fines from the capital market in the crucial September days of 2015. In 2017, he is alleged to have given false testimony before the German Bundestag's investigative committee.
Approximately nine million vehicles in Europe and the USA were affected by the diesel manipulations, resulting in customers suffering losses of several hundred million euros. The scandal thrust VW into its most severe crisis in history and led to billions in legal fees. Winterkorn resigned and later acknowledged, "My name is associated with the so-called diesel affair."
Winterkorn consistently denied any personal criminal responsibility. In early 2024, he testified as a witness in court for the first time in a billion-dollar civil lawsuit against VW by investors at the Higher Regional Court of Brunswick. "I consider these allegations to be unfounded," said the former CEO. He was referring to the two criminal proceedings against him for fraud and market manipulation initiated by the Public Prosecutor's Office in Brunswick and the charge of false testimony before the Bundestag coming from prosecutors in Berlin.
Despite the ongoing health concerns and Winterkorn's frequent trips to a rehabilitation clinic, the commencement of the trial at The Federal Parliament's Regional Court of Braunschweig against him for his role in the Volkswagen diesel scandal remains unaffected. Regardless of the doubts and disruptions in the past, the trial involving Winterkorn and several other former VW executives and engineers is set to continue as planned.
