TASK 4 After reading the news story regarding criminal charges against 6 VW executives, write your midterm paper in a way that answers the following three questions: What could VW executives have done differently to try to avoid criminal liability for the emissions scandal? How would the criminal investigation and trial procedures be different from the civil investigation and trial procedures against the company? How will the settlement with the company affect the investigation and the criminal case against the six executives?
QUESTION
TASK 4
After reading the news story regarding criminal charges against 6 VW executives, write your midterm paper in a way that answers the following three questions:
- What could VW executives have done differently to try to avoid criminal liability for the emissions scandal?
- How would the criminal investigation and trial procedures be different from the civil investigation and trial procedures against the company?
- How will the settlement with the company affect the investigation and the criminal case against the six executives?
ANSWER
Volkswagen’s Emissions Scandal: Exploring Executive Liability and Legal Proceedings
Introduction
The Volkswagen (VW) emissions scandal sent shockwaves through the automotive industry and led to significant legal repercussions for the company and its executives. This paper delves into the actions VW executives could have taken to potentially evade criminal liability, highlights the distinctions between criminal and civil investigations and trials, and assesses how the settlement with the company impacts the ongoing criminal case against the six executives.
In order to avoid criminal charges stemming from the emissions scandal, VW executives could have implemented several measures. Firstly, they could have fostered a culture of transparency within the company, ensuring that emissions testing procedures adhered strictly to regulations. By establishing a robust compliance program, including regular audits, they could have helped detect and rectify any violations promptly. Secondly, effective risk management would have been crucial (Jung & Park, 2016). Executives should have identified the potential risks associated with using defeat devices and taken proactive measures to prevent their use. Conducting thorough risk assessments and implementing robust internal controls would have demonstrated due diligence in preventing any unlawful activities. Finally, ethical decision-making should have been prioritized. Executives must have set a precedent for responsible corporate behavior by encouraging open discussions about the consequences of using defeat devices and providing mechanisms for employees to report misconduct. Such actions could have prevented the scandal from occurring.
Moving on to the distinctions between criminal and civil investigations and trials, it is important to note that the criminal investigation and trial procedures differ significantly from their civil counterparts. In a criminal investigation, law enforcement agencies, such as the Department of Justice, are involved in gathering evidence, interviewing witnesses, and building a case against the accused individuals. The burden of proof lies with the prosecution, who must establish guilt beyond a reasonable doubt (“Juvenile Crime, Juvenile Justice,” 2001). In contrast, civil investigations and trials are primarily focused on determining liability for damages and compensating victims. The burden of proof in civil cases is lower, usually based on a preponderance of the evidence. Furthermore, criminal investigations can lead to criminal charges, resulting in potential fines, imprisonment, or probation, while civil investigations primarily result in monetary penalties.
Turning to the settlement with the company, it has implications for the ongoing criminal case against the six VW executives. The settlement may involve VW accepting responsibility for its actions, paying fines, and agreeing to remedial measures (J. C. Jung & Sharon, 2019). This can impact the criminal case by potentially reducing the severity of charges against the executives, especially if the company cooperates fully and provides substantial assistance in the investigation. However, the settlement does not absolve the executives of their individual liability. The prosecution can still pursue charges against them based on their alleged involvement and culpability in the emissions scandal. The settlement may also provide crucial evidence that can be used in the criminal case, further strengthening the prosecution’s position.
Conclusion
In conclusion, the VW executives could have taken several steps to potentially avoid criminal liability for the emissions scandal, including fostering transparency and compliance, implementing effective risk management, and prioritizing ethical decision-making. The criminal investigation and trial procedures differ significantly from their civil counterparts, with the burden of proof, focus, and potential outcomes varying. The settlement with the company can impact the criminal case against the executives by potentially reducing charges and providing evidence, but it does not absolve them of individual liability. As the legal proceedings unfold, it will be crucial to monitor how these factors shape the outcomes for both the company and its executives.
References
Jung, J. U., & Park, S. B. “. (2016). Case Study: Volkswagen’s Diesel Emissions Scandal. Thunderbird International Business Review, 59(1), 127–137. https://doi.org/10.1002/tie.21876
Jung, J. C., & Sharon, E. (2019). The Volkswagen emissions scandal and its aftermath. Global Business and Organizational Excellence, 38(4), 6–15. https://doi.org/10.1002/joe.21930
Juvenile Crime, Juvenile Justice. (2001). In National Academies Press eBooks. https://doi.org/10.17226/9747

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