News & Analysis as of

Volkswagen Automotive Industry Compliance

Michael Volkov

Justice Department Charges Former Volkswagen CEO in Diesel Vehicle Emissions Cheating Scheme

by Michael Volkov on

We all know the saying – A fish rots from the head. Sometimes a clear and simple statement says it all. The Volkswagen diesel emissions cheating scandal is yet another example of C-Suite, even CEO, misconduct....more

Michael Volkov

Criminal Enforcement Against Senior Executives: The Fish Rots from the Head

by Michael Volkov on

The compliance community is well aware of the risks in the C-Suite. As you move up the corporate ladder, the level of risk from executive misconduct increases. A rotten executive can quickly bring down a company, destroy...more

Michael Volkov

Tales from the Corporate Scandal Crypt: GM, VimpelCom, VW and Wells Fargo

by Michael Volkov on

We are fascinated by corporate scandals. Since the 1980s, the US public has enjoyed unraveling corporate scandals, and vilifying corporate leaders caught in the web of deceit and misconduct. I am sure there are historical...more

Michael Volkov

“Too Important to Jail,” the Yates Memorandum and FCPA Criminal Prosecutions

by Michael Volkov on

The Justice Department’s continuing lack of individual criminal prosecutions in the FCPA arena continues to raise serious questions. DOJ’s issuance of the Yates memorandum was seen as a new and important reiteration of DOJ’s...more

Michael Volkov

Lessons Learned and Compliance Trends from the VW and Takata Scandals (Part III of III)

by Michael Volkov on

When unraveling a major corporate scandal, especially multi-year schemes involving senior executives, the blame game or lessons learned approach can easily turn into a fruitless exercise. The VA and Takata scandals are...more

Burr & Forman

VW's $4.3BN Plea to Obstruction for Botched Litigation Hold

by Burr & Forman on

One of three counts in Volkswagen’s recent $4.3 billion guilty-plea was for obstruction of justice arising from a litigation-hold botched by house counsel. As VW prepared to admit the defeat-device problems to US...more

Michael Volkov

Volkswagen: When Car Companies Veer Off Course (Part I of III)

by Michael Volkov on

Corporate misconduct occurs in a variety of forms. Starting with the basic truism – companies act through people, and when companies engage in misconduct it requires the coordination and collaboration of multiple actors. The...more

Thomas Fox

Honey, I Think We Should Vacation at Home This Year

by Thomas Fox on

That may well be the line most used by Volkswagen (VW) executives after the arrest of their fellow executive, Oliver Schmidt, this past week at the Miami airport. According to an article in the New York Times (NYT), entitled...more

Michael Volkov

For An Effective Ethics and Compliance Program — First, Train Your Board and Senior Executives

by Michael Volkov on

Compliance professionals are familiar with the phrase “tone at the top,” but what exactly does it mean? Unlike other compliance program components, it cannot be easily formalized and implemented in a policy or procedure....more

Thomas Fox

Prog Rock Week – Part V: Pink Floyd and VW’s Trip the Dark Side of the Moon

by Thomas Fox on

There is no dark side of the moon really. Matter of fact it’s all dark.” If you went to college in the 70s or 80s (or maybe even the 90s) you know what the next album is, Pink Floyd’s Dark Side of the Moon. For in the...more

Thomas Fox

The VW Scandal: Crisis and the CCO

by Thomas Fox on

One of the areas where my thinking has evolved in the compliance arena is around the area of reputational damage. Of course commentators, such as Andrea Bonime-Blanc, have written and spoken about preventing damage to a...more

Thomas Fox

Whom Should You Suspend During an Internal Investigation?

by Thomas Fox on

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Thomas Fox

Compliance Connected – Line of Sight, Part I

by Thomas Fox on

Sometimes the simplest visual can provide the greatest insight about transformation. I had that particular insight when I recently had the chance to catch up with Scott Lane, Chief Executive of the Red Flag Group, at the SCCE...more

Thomas Fox

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

by Thomas Fox on

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Thomas Fox

Compliance at the Tipping Point, Part III – The VW Emissions-Testing Scandal

by Thomas Fox on

I continue my series on why I believe that compliance is at the ‘Tipping Point’ with a discussion of the Volkswagen (VW) emissions-testing scandal and its effect on the greater compliance world. Myself and many other...more

Thomas Fox

The Psychology of Cheating and FCPA Compliance

by Thomas Fox on

In the movie Margin Call, Jeremy Irons intones that there are three ways to win in business: (1) be the smartest; (2) be the fastest; and (3) cheat. I am currently out at the SCCE 2015 Compliance and Ethics Institute and as...more

K&L Gates LLP

How Can the Automotive Industry Strengthen Its Regulatory Compliance Process and Reduce Its Compliance Risks?

by K&L Gates LLP on

Many Americans listened last week to the admissions by the now former President of Volkswagen that the company had been “dishonest” and had cheated on the U.S. emissions tests. How was this happening at the world’s #1...more

Thomas Fox

VW Emissions Testing Scandal – View from the Board

by Thomas Fox on

The Board of Directors role in the Volkswagen (VW) emissions test scandal is one that is only now being scrutinized. In an article in the New York Times (NYT), entitled “Problems at VW Start at the Boardroom”, James B....more

Michael Volkov

The VW Scandal: Insular Senior Management and Ethical Breakdowns

by Michael Volkov on

The Volkswagen scandal will be studied for years. One of many themes from the Volkswagen scandal will rest on the complete absence of any commitment to corporate governance. Volkswagen’s weird corporate structure (it is owned...more

Downs Rachlin Martin PLLC

Vermonters Sue Volkswagen Over Emissions Testing Deceit

by Downs Rachlin Martin PLLC on

Vermont Volkswagen car owners headed by Charlotte resident Robert Turnau have sued Volkswagen companies in Germany and the United States over damages they suffered as a result of the company’s falsification of emissions...more

Thomas Fox

Channeling Yogi Berra to Find Smart Risk in Compliance

by Thomas Fox on

Yogi Berra died yesterday. In addition to being one of the greatest catchers in baseball, he was a 3-time Most Valuable Player (MVP), a 15-time All Star, a Hall of Famer and member of the All-Century Team, a player on 10...more

Thomas Fox

The Defeat Device: Compliance and Ethics in the Auto Industry

by Thomas Fox on

Things are seriously bad when one of the world’s most respected business focused publications, the Financial Times (FT), asks if the auto “industry faces ‘Libor moment’”? Yet that was a headline yesterday in the lead article...more

Ballard Spahr LLP

Prompted by Independent Study, EPA Issues Notice of Violation to Volkswagen for Circumventing Federal Emissions Standards

by Ballard Spahr LLP on

The Environmental Protection Agency’s (EPA) issuance of a notice of violation last week to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. (collectively Volkswagen) appears to have further validated EPA’s and...more

NAVEX Global

Volkswagen Emissions Scandal Speaks to Troubled Culture

by NAVEX Global on

Too many organizations learn the hard way that failure to create a speak-up culture poses risks that go far beyond financial calamity. Volkswagen (VW) appears likely joining those sad ranks today, as it scrambles to figure...more

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