“VW’s attempt to delete all incriminating evidence?” – FTC are investigating whether VW deliberately deleted documents relating to the emissions scandal

In the midst of a closing $14.7 billion settlement deal across the pond, the U.S. Federal Trade Commission (FTC) is obtaining approval from a federal judge to question the VW Group further in relation to evidence.

This is following allegations that the automaker deliberately destroyed documents in relation to the diesel scandal which, if found to be true, could have monumental consequences for the German automotive giants.

It’s now for the courts to decide whether VW did take part in such appalling action…

Wrongful dismissal

The allegations transpired from an ex-VW employee, Daniel Donovan, who used to work in the information technology department. The reported whistle-blower said he was wrongfully dismissed in December 2015, which he says was because he refused to delete documents that contained details about the cheating emissions software.

Did VW deliberately delete documents?

It’s alleged that VW deleted documents and obstructed justice, which continued for several days after the allegations were made public by the Environmental Protection Agency (EPA). The deletion process was allegedly made even though a litigation hold order was given by the U.S. Department of Justice (DOJ).

This order requires a company to preserve all data that may relate to an impending legal action.

The FTC’s court filling is looking into whether the documents that were destroyed related to the emissions scandal. The investigation has been ongoing since March, but the FTC are yet to come to a conclusion as to whether VW are guilty of deleting relevant documents. I imagine the FTC wants to be thorough with their investigation, which is why they’re obtaining approval from the courts to get another testimony from VW U.S.

Other reports suggest that FTC wants to question another VW official as the previous one was unable to answer some 250 separate questions.

In July, there were three filed suits against VW, which accused eight employees in VW’s engineering department of deleting or removing incriminating data in 2015. This was even after a senior attorney warned them of an imminent order to preserve the documents.

Unfortunately, all the data was reportedly unrecoverable; possibly to VW’s relief…

Continuing nightmare for VW

An obstruction of justice by destroying evidence can have serious consequences, but it can be difficult to get a successful prosecution for it.

Some 18 months from the wake of the VW scandal, there are still no solid signs of the crisis diminishing. Along with FTC’s investigation into the alleged intentional document destruction, investigators are looking into whether Audi (who is owned by the VW Group) is alleged to have used a similar so-called “defeat device” as the VW ones – to aid in passing carbon dioxide emissions testing as well.

Even if VW are found not guilty of destroying evidence and obstructing the course of justice, the German manufacturer will still have to defend lawsuits across the globe. A recent decision from the Spanish courts gives ammunition for those who VW have yet to compensate. The ruling ordered VW to pay out 5,000 euros in compensation to an affected vehicle owner.