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German prosecutors look into VW’s law firm Jones Day
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In the midst of the criminal and civil probes, Volkswagen expressed their distinct opposition to German prosecutors searching their solicitors’ firm, Jones Day.
VW said that the search was “unacceptable in every respect”.
According to USA Today, the search was conducted as a result of burning questions about whether certain members of the VW managerial board were involved in, or responsible for, the emissions scandal. The German automaker said that the search was a”“clear breach of the principles of the rule of law”, namely the code of criminal procedure. They noted that if they continue to breach these principles, they would “take all action at our disposal against these proceedings”.
It’s a blurred line as to whether these procedures have been breached. Law professor Werner Beulke states:
“While client attorney privilege is sacrosanct… there is a grey area when a law firm is not formally tasked with representing a particular individual.”
It can all boil down to the fact that VW is a business entity rather than a single client, where client confidentiality and privileges may have been afforded to them if that was the case.
However, what VW fail to remember is that they decided to install so-called “defeat devices” into 11 million diesel vehicles worldwide. They may deny any wrongdoing, but we’re confident we will be able to hold them to account.
The police search is in a bid to efficiently identify those involved in the scandal, not to prolong the process.
Jones Day was instructed to lead an open-ended investigation into the emissions scandal. Their findings found that certain high-level VW employees may be guilty of some wrongdoing. Generally, prosecutors in northern German Federal States are reportedly barred from searching law firms, so southern Bavarian prosecutors’ searched into Jones Day without hindrance.
As the law firm that’s receiving all the attention, Jones Day have kept eerily silent on the matter.
The German automaker said that it has provided all necessary information from the Jones Day investigation to investigators, and are highly suspicious as to why German prosecutors feel the need to invade their solicitor’s office to retrieve more information.
VW, however, have refused to provide information to journalists and politicians.
When asked if VW could release the full report from the investigation, VW spokesman, Michael Brendel, came to the defence of the company saying that “there is no Jones Day report” because the Justice Department’s publicly released “statement of facts” includes Jones Day’s findings. This could be an easy way for the automaker to conceal deeper knowledge and/or their alleged wrongdoing of the emissions scandal.
However, VW’s CEO, Matthias Mueller’s says that he’ll “give the authorities our full and unconditional support” which insinuates the opposite of Michael’s statement. They are also continuing to examine the “statement of facts” as part of the settlement agreement, and Matthias notes that final conclusions haven’t been drawn yet.
It also transpires that the Audi German headquarters were searched in connection with the emissions scandal of its parent company, VW, on the same day as the Jones Day search.
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