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By
Matt Posky on May 17, 2018

Following the private sale of his Ford GT, superstar wrestler John Cena found himself looking down the barrel of the automaker’s legal team. Ford had publicized that the chosen recipients of the exclusive model were forbidden from selling it within the first two years of taking delivery. Cena was in breach of contract, or so it initially seemed.
Things became murky when the former “Doctor of Thuganomics” had his legal council point out that the dealer’s sales agreement included no such clause. The matter is now before the courts, with Ford seeking damages and Cena asking for dismissal.
Keeping that in mind, it’s more than a little surprising that another second-generation GT is being offered for sale just a few months later. The vehicle in question is number 48 out of 250 from the 2017 model year — and it’s currently up for auction in Indianapolis. (Read More…)
By
Matt Posky on May 8, 2018

Volkswagen’s new chief executive officer, Herbert Diess, is believed to have met with the United States’ Department of Justice and Federal Bureau of Investigation last week to discuss the manufacturer’s emissions scandal. Details on the matter are scare at present, but the meeting would explain why the U.S. was willing to provide the CEO with a safe-passage guarantee.
While VW has previously stated its cooperation in various investigations, it declined to comment on Diess’ alleged visit to federal authorities. (Read More…)
By
Matt Posky on May 7, 2018

Shortly after the United States formally accused former CEO of Volkswagen Martin Winterkorn of criminal wrongdoing related to the company’s diesel emission scandal, it decided to let the company’s new boss know that he’s safe to visit whenever he likes. The U.S. Justice Department has agreed to give Herbert Diess a safe-passage deal that allows him to travel without fear of being arrested.
Diess was also given the country’s assurance that he’ll be given advance notice if prosecutors eventually decide to charge him over the emissions cheating issue. So far as we know, no such deal exists for his predecessor, Matthias Müller, who replaced Winterkorn in September of 2015. (Read More…)
By
Matt Posky on May 3, 2018

Former Volkswagen CEO Martin Winterkorn has been charged by U.S. prosecutors with conspiracy and wire fraud, according to an indictment that was unsealed in a Michigan federal court on Thursday. For those of you who have been following the Dieselgate scandal from the beginning, this has been a long time coming.
Winterkorn has been at the epicenter of the emissions-cheating issue since before VW’s earliest admissions and was swiftly removed from his post as the automotive group’s chief executive in 2015. He also had a major falling out with ex-supervisory board chairman Ferdinand Piëch after being confronted on the emissions issue during the Geneva Motor Show.
The two had previously held a very close relationship but a power struggle within the organization appeared to have been brewing for quite some time, making the scandal an important turning point. Piëch became vaguely accusatory of Winterkorn in the aftermath and eventually cut ties with the company and, by extension, his family. All the while Winterkorn was under investigation in both the United States and Germany. (Read More…)
By
Matt Posky on May 2, 2018

America’s gas war is heating after 17 states, as well as the District of Columbia, filed a lawsuit against the Environmental Protection Agency’s decision to redefine U.S. vehicle emissions and fuel efficiency rules through 2025.
In April, EPA chief Scott Pruitt said the existing standards for model year 2022 to 2025 vehicles should be revised. The suit, filed in the U.S. Court of Appeals for the District of Columbia, alleges the EPA acted unpredictably, failed to follow its own regulations, and was in direct violation of the Clean Air Act. New York Attorney General Eric Schneiderman claimed the “Trump administration conducted a phony study” to justify altering emission rules to appease automakers and the oil industry.
Meanwhile, U.S. Representatives Doris Matsui of California and Paul Tonko of New York are demanding the EPA hand over all documents related to the study that resulted in the proposed changes to fuel economy standards. (Read More…)
By
Matt Posky on April 23, 2018

During the Trump administration’s year-long quest to roll back Corporate Average Fuel Economy (CAFE) targets, it attempted to give automakers in violation of the current standards a break by delaying the scheduled increase of penalties. The logic here is that the federal government is reassessing the Obama era standards, so it lumped in the new fines that were supposed to go into effect last July.
Those penalties represent an increase of $8.50 for every tenth of a mile per gallon a new car consumes above the minimum fuel standard. But with the new targets in quasi limbo, the updated fines were not being applied.
On Monday, a federal appeals court ruled the Department of Transportation cannot do that. Since the old rules are technically still in effect, the court ruled that automakers are still subject to the fine. (Read More…)
By
Matt Posky on April 13, 2018

The National Transportation Safety Board, which is currently investigating last month’s fatal crash involving Tesla’s Autopilot system, has removed the electric automaker from the case after it improperly disclosed details of the investigation.
Since nothing can ever be simple, Tesla Motors claims it left the investigation voluntarily. It also accused the NTSB of violating its own rules and placing an emphasis on getting headlines, rather than promoting safety and allowing the brand to provide information to the public. Tesla said it plans to make an official complaint to Congress on the matter.
The fallout came after the automaker disclosed what the NTSB considered to be investigative information before it was vetted and confirmed by the investigative team. On March 30th, Tesla issued a release stating the driver had received several visual and one audible hands-on warning before the accident. It also outlined items it believed attributed to the brutality of the crash and appeared to attribute blame to the vehicle’s operator. The NTSB claims any release of incomplete information runs the risk of promoting speculation and incorrect assumptions about the probable cause of a crash, doing a “disservice to the investigative process and the traveling public.” (Read More…)
By
Matt Posky on February 28, 2018

News broke earlier this week of a Ferrari dealer embroiled in a lawsuit after a salesman accused the company of authorizing the use of devices that roll back vehicle odometers. Despite being a great way to improve the valuation of a used car, the practice is generally frowned upon — our best guess is because it’s super shady and totally illegal.
However, it was unclear if the issue revolved around one grubby dealership in Palm Beach or a systemic problem that included the manufacturer. The DEIS Diagnostics System that made the shenanigans possible does require online authorization from Ferrari corporate offices. But it could be that someone at home base didn’t know the extent of what the tool was actually being used for.
Unfortunately, they did. This week, details emerged from the case files of Robert “Bud” Root’s lawsuit against New Country Motor Cars. Back in April of 2017, Ferrari issued a memo to the dealership that can best be paraphrased as “cut it out.” (Read More…)
By
Matt Posky on February 18, 2018

U.S. investigators have found what could be illegal software modifications on Mercedes-Benz diesels intended to help the vehicles pass emissions testing. An engine management function called Slipguard recognized whether the car was undergoing testing procedures while another, called Bit 15, halted emissions cleaning after roughly 16 miles of driving. Together, the two pieces of software may amount to what is known within the industry as a “defeat device.”
When paired the software apparently enabled the cars to produce NOx levels up to 10 times higher than what is legally permitted. Interestingly, Mercedes-Benz issued a voluntary recall upon roughly 3 million European cars last month to reduce nitrogen oxide emissions by tweaking their electronic control units. (Read More…)
By
Matt Posky on February 15, 2018

Late last year, Ford Motor Company decided to sue professional wrestler and actor John Cena after he decided to sell his GT supercar. Hoping to keep ownership of the vehicle exclusive, the automaker included a clause in the ownership contract that expressly forbade anyone from selling it within two years of taking delivery. Cena decided to flip the vehicle early, causing Ford to go after him in the courts on breach of contract, fraudulent misrepresentation, and unjust enrichment.
His position appeared to be indefensible. Ford’s lawsuit even alleges that John apologized after the automaker took him to task, saying, “I completely understand and as stated am willing to work with you and Ford to make it right.”
However, the winds may have shifted in his favor. Cena is reportedly asking the judge in the case to throw out the lawsuit on the grounds that his contract never included the clause that forbid resale within the first 24 months of ownership. (Read More…)
By
Matt Posky on February 7, 2018

The last of four people initially charged in the UAW-Fiat Chrysler corruption scandal pleaded guilty on Tuesday to one of five charges against her. That makes the entire quartet culpable, at least to some degree, to the financial misconduct that occured between the automaker and workers’ union.
However, the case is far from closed. While Monica Morgan, the widow of former UAW vice president General Holiefield, copped to one count of subscribing a false tax return, her plea bargain ignores the other charges against her. The prosecution’s leniency may indicate a hope that she might assist with the ongoing union corruption probe, even though the deal doesn’t require her to cooperate with investigators. Of course, the prosecution already has former FCA labor relations chief Alphons Iacobelli for that task (Read More…)
By
Matt Posky on February 1, 2018

The multimillion-dollar corruption scandal involving the United Automobile Workers and Fiat Chrysler Automobiles is starting to cross the line from hubbub to full-on fiasco. Earlier this week, three FCA employees filed a federal lawsuit against the automaker and the UAW seeking hundreds of millions of dollars in damages over allegations that union officials colluded with company executives to influence collective bargaining.
Meanwhile, a recently released plea deal with former FCA labor relations head Alphons Iacobelli implicated former UAW Vice President Norwood Jewell — the man tasked with overseeing the most recent round of contract negotiations with FCA. Iacobelli claims he and other FCA employees transferred hundreds of thousands of dollars in illegal payments to tax-exempt organizations controlled by UAW officials, including Jewell’s Making Our Children Smile Foundation. (Read More…)
By
Matt Posky on January 24, 2018

Most of us have been caught speeding at one time or another. As enthusiasts, it’s often difficult not to try and squeeze out every last ounce of joy from a fun-to-drive automobile when the path ahead is open. While we may think of corporate executives as soulless monsters, singularly focused on satisfying shareholders and lining their pockets, some of them are also people who enjoy driving cars.
Lotus CEO Jean-Marc Gales is definitely such a man, and his love of driving ended up getting him into trouble when he was nailed for traveling 102 mph in a 70 mph zone on England’s A11 expressway. While the offense occurred roughly a year ago, his court date was yesterday. With eight points already on his license (most of which also came from speeding violations), things looked bleak for Gales, at least until his lawyer managed the most brilliant defense in traffic court history — claiming that it was vital the CEO not lose the ability to test drive new models.
It worked. (Read More…)
By
Matt Posky on January 23, 2018

Former Fiat Chrysler labor relations chief Alphons Iacobelli pleaded guilty to two of seven charges relating to his role in a plan to divert more than $4.5 million in training center funds to union and company officials on Monday. As part of a plea deal with federal authorities, Iacobelli provided information regarding confidential retirement offers and a former union vice president being groomed to support company initiatives.
In an admission that he and other FCA employees paid various senior UAW officials over $1.5 million in an effort to “obtain benefits, concessions, and advantages for FCA in the negotiation, implementation, and administration,” Iacobelli is now helping map the deepening mire that is the FCA-UAW training center scandal. (Read More…)
By
Matt Posky on December 29, 2017

Volkswagen Group said on Thursday that it would be petitioning Germany’s constitutional court to overturn the appointment of a special auditor to investigate the actions of its management during its diesel emissions scandal. Appointed last November, the auditor’s goal is to establish whether or not VW’s top brass withheld information about the manipulation of vehicle emissions as they related to testing.
Even thought the automaker has said it wanted to improve transparency shortly after the scandal kicked off in September of 2015, Volkswagen wants the work of the auditor suspended prior to the constitutional-court hearing against it. This begs the question: Does VW still have something to hide or is it so fed up with the litigation surrounding “dieselgate” that it’ll do just about anything to keep officials from dredging up the past? (Read More…)
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