By on February 28, 2017

Airbags

It’s been a long road to this point, but Takata’s CFO, Yoichiro Nomura, finally had the opportunity to plead guilty on behalf of the company to fraud. The company accepted a $1 billion settlement with the U.S. government yesterday as Nomura condemned Takata’s actions as “deeply inappropriate.”

U.S. District Court Judge George Steeh confirmed the previously agreed-to settlement against objections from lawyers for victims of Takata airbag inflator explosions, who claimed the criminal settlement mistakenly identified automakers as victims of Takata’s unlawful behavior.

“The conduct leading to today’s plea was completely unacceptable,” Nomura said inside the Detroit courtroom. “I would like to sincerely apologize on behalf of Takata. The actions of certain Takata employees to undermine the integrity of the company’s testing data and reporting to customers were deeply inappropriate.”

Nomura confessed the company had been aware of potential problems with its airbags’ explosive ammonium nitrate propellant in 2000, and had manipulated the test data provided to automakers. Those faulty airbag inflators ended up installed in millions of vehicles, causing unnecessary injuries and death.

“All of it could have been avoided,” if employees had been honest, Judge Steeh said.

The massive global recall has financially crippled Takata, and it claims that it will need to use the proceeds from its sale to fulfill the terms of the settlement. “Destruction of the corporation would probably have been a fair outcome in this case,” Steeh said, before mentioning his involvement in another case where Takata had admitted to price fixing.

However, Steeh explained that he intentionally avoided the imposition of a stiffer sentence or larger fines. The settlement he approved was set at $1 billion because Takata would otherwise have likely slipped into bankruptcy, stalling efforts to recall millions of the deadly airbag inflators still installed in vehicles.

The plea agreement was developed in negotiations between the U.S. Department of Justice and Takata prior to Steeh’s approval. It includes a $25 million criminal fine, a $125 million compensation fund to be set up a month from now, and $850 million to be paid to automakers within five days of a sale or acquisition by another company.

[Source: Reuters]

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