Martin Winterkorn, former CEO of Volkswagen, in January 2017. -

Ferdinand Ostrop / AP / SIPA

As part of the investigation into Volkswagen's rigged diesel engines, the former boss of the German automobile group, Martin Winterkorn, will be tried for fraud, the Brunswick court, in charge of the case, announced in a statement released on Wednesday.

After five years of judicial climax, in a case which has permanently damaged the reputation of the German automotive sector, the Brunswick court ruled after examining the indictment of the prosecution that there was "sufficient suspicion of organized gang fraud ”against Martin Winterkorn and four other former leaders of the group.

Eleven million vehicles rigged

The judges also validated the dismissal for “aggravated tax fraud” and must now set a date for the opening of a trial.

However, they refused the indictment for embezzlement against Volkswagen and false advertising.

The case erupted in September 2015, when Volkswagen admitted to having rigged 11 million vehicles by equipping them with devices making them appear less polluting in laboratory tests than they actually were - resulting in the resignation of Martin Winterkorn, at the head of the automotive giant since 2007.

Against him, the magistrates reinforced the indictment of the prosecution, which had not retained the idea of ​​organized fraud at the highest levels of the group.

The judges believe that there are now proven reasons to suspect that the "buyers of a certain type of vehicles from the Volkswagen group" have "been deceived" by the installation in the engines of software allowing to display levels of 'nitrogen oxide emissions lower than reality, underlines the court in a press release.

Does Martin Winterkorn know about the cheating?

Martin Winterkorn will not be the first top Volkswagen executive to stand trial: the fraud trial of Rupert Stadler, the former CEO of the Audi brand, at the heart of the development of the offending engines, is due to start at the end of September, alongside three others ex-executives.

But with the former CEO of the group, justice is now attacking the man at the heart of the scandal, nicknamed during his mandate "Mr. Quality".

One of the main questions still open: who knew what and when of this gigantic deception?

Martin Winterkorn, an engineer by trade known for his perfectionism, prided himself on knowing “every bolt” of his models.

But Volkswagen has always maintained that only a handful of engineers organized the cheating without the knowledge of their superiors.

The group simply indicated in 2016 that the ex-boss had been made aware by a "memo" of May 2014 of irregularities on emission levels in the United States.

Martin Winterkorn's lawyer "welcomed" in a statement the dropping of two charges.

The current CEO of the group, Herbert Diess, and the chairman of the supervisory board, Hans Dieter Pötsch, were also first sent to court in September 2019 for manipulating the financial markets before finally avoiding a trial, with a financial transaction of nine million euros, under an agreement with the courts.

Fines and compensation

In a press release, Volkswagen notes that the decision concerns "isolated people" and assures that it is "in the interest of the group, employees and shareholders to shed light on the facts which led to" the dieselgate which it s 'has been trying for years to turn the page.

The manufacturer has already paid off a large part of the criminal and civil component for a total bill which to date exceeds 30 billion euros.

Much of it was paid for in the United States.

In Germany, he agreed to pay some 750 million euros to compensate 240,000 clients and is in a hurry, after an unfavorable decision from the highest court in the country, to propose amicable agreements to settle a large part of the 60,000 complaints. remaining.

Volksawgen and brands of the group also paid three fines totaling 2.3 billion euros to end the investigations.

In civil matters, the last major lawsuit remains that of investors asking for compensation for the plunge in the share price after the revelations, still ongoing.

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