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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:09,092 --> 00:00:10,969 [vehicle approaching] 2 00:00:20,353 --> 00:00:22,230 [indistinct chatter on radio] 3 00:00:29,779 --> 00:00:31,906 [Alex Gibney] I thought I had found the perfect car. 4 00:00:31,990 --> 00:00:36,119 The VW Diesel Jetta Wagon. The ad sucked me in. 5 00:00:36,661 --> 00:00:39,289 [announcer 1] Volkswagen has more diesel cars on the road in the US 6 00:00:39,372 --> 00:00:40,957 than every other brand combined. 7 00:00:41,041 --> 00:00:43,960 [announcer 2] Boasting a two-liter TDI turbo-charged clean diesel engine, 8 00:00:44,044 --> 00:00:46,671 not only does it provide excellent fuel economy, 9 00:00:46,755 --> 00:00:48,339 but you'll love the performance, too. 10 00:00:48,423 --> 00:00:50,508 [Gibney] It was the only car that seemed to have it all. 11 00:00:50,592 --> 00:00:51,843 Drove like a sports car... 12 00:00:51,926 --> 00:00:53,887 Can the Green Car of the Year be fast? 13 00:00:56,973 --> 00:00:59,601 [Gibney] Wasn't too expensive, got great mileage, 14 00:00:59,684 --> 00:01:02,395 and unlike diesels of the past, it was clean. 15 00:01:02,479 --> 00:01:04,481 [man 1] Volkswagen Jetta TDI Clean Diesel. 16 00:01:04,564 --> 00:01:05,648 [man 2] TDI Clean Diesel. 17 00:01:05,732 --> 00:01:06,858 [woman 1] TDI Clean Diesel. 18 00:01:07,442 --> 00:01:10,570 [Gibney] I was beaming with pride as I drove around the suburbs 19 00:01:10,653 --> 00:01:12,572 or commuted to New York City. 20 00:01:12,655 --> 00:01:16,034 What I didn't know was that I was driving a killing machine. 21 00:01:18,369 --> 00:01:21,039 [man 3] What has VW been up to? 22 00:01:21,122 --> 00:01:24,292 [man 4] We may be looking at the largest systematic corporate fraud 23 00:01:24,375 --> 00:01:26,252 in the history of the global corporation. 24 00:01:26,336 --> 00:01:29,255 [man 5] Volkswagen has admitted that their clean diesel cars 25 00:01:29,339 --> 00:01:34,844 have been systematically, proactively engineered to deceive emissions testing. 26 00:01:34,928 --> 00:01:38,848 [man 6] It's called a defeat device. It's designed to defeat the test. 27 00:01:39,766 --> 00:01:41,851 [woman 2] The Volkswagen scandal is widening. 28 00:01:41,935 --> 00:01:43,603 [man 7] The news just keeps getting worse. 29 00:01:43,686 --> 00:01:46,606 [man 8] VW share price down 31%. 30 00:01:46,689 --> 00:01:49,484 [man 3] If you're a VW shareholder or employee today, 31 00:01:49,567 --> 00:01:52,028 the letters stand for Very Worried. 32 00:01:53,696 --> 00:01:58,034 [Sally Yates] Volkswagen turned over half a million American drivers 33 00:01:58,118 --> 00:02:02,080 into unwitting accomplices in an unprecedented assault 34 00:02:02,163 --> 00:02:04,332 on our country's environment. 35 00:02:04,415 --> 00:02:08,336 Our criminal investigation is active and ongoing. 36 00:02:13,466 --> 00:02:15,343 [brakes screeching] 37 00:02:17,679 --> 00:02:19,681 [theme music playing] 38 00:03:00,430 --> 00:03:01,931 [Yates] We can't undo the damage 39 00:03:02,015 --> 00:03:04,767 that Volkswagen caused to our air quality. 40 00:03:04,851 --> 00:03:11,774 But what we can do is offset that damage by reducing pollution from future sources. 41 00:03:11,858 --> 00:03:14,152 Now, with respect to the agreement, more specifically, 42 00:03:14,235 --> 00:03:17,906 Volkswagen must offer to buy back any car that's on the road. 43 00:03:18,531 --> 00:03:23,119 That's nearly 500,000 two-liter diesel vehicles 44 00:03:23,202 --> 00:03:26,581 that are model years 2009 through 2015. 45 00:03:26,664 --> 00:03:28,249 As part of the buyback, Volkswagen... 46 00:03:28,333 --> 00:03:31,169 [Gibney] When I first heard about the scandal, I was furious. 47 00:03:31,252 --> 00:03:33,004 VW had lied to me. 48 00:03:33,087 --> 00:03:35,131 They had pitched me a vision of my dream car, 49 00:03:35,215 --> 00:03:37,550 but sold me my worst nightmare. 50 00:03:37,634 --> 00:03:40,887 A car that was polluting 50 times more than advertised. 51 00:03:40,970 --> 00:03:43,306 [Zoe Chace] It's not enough for VW to just apologize. 52 00:03:43,389 --> 00:03:46,809 They gotta use their folly to actively make the world better. 53 00:03:46,893 --> 00:03:48,353 Even before that, Kirk suggests... 54 00:03:48,436 --> 00:03:52,273 [Gibney] Weirdly, I was listening to NPR when my own name came up 55 00:03:52,357 --> 00:03:56,778 in an interview with a PR expert, on how VW could make things right. 56 00:03:56,861 --> 00:03:59,197 [Kirk Souder] ...an investigative documentarian group, 57 00:03:59,280 --> 00:04:01,658 like a Frontline or an Alex Gibney, 58 00:04:01,741 --> 00:04:06,371 who can come in with the charge of discovering 59 00:04:06,454 --> 00:04:08,581 what happens in a company 60 00:04:08,665 --> 00:04:14,128 that actually leads to this type of gross infraction. 61 00:04:14,212 --> 00:04:18,007 [Chace] Kirk went ahead and made a promo for this imaginary documentary. 62 00:04:18,091 --> 00:04:21,177 [announcer] A new series from Alex Gibney, the director of 63 00:04:21,261 --> 00:04:26,015 The Smartest Guys in the Room, Coming Clean: Inside Volkswagen. 64 00:04:26,099 --> 00:04:27,725 Fuck Volkswagen. 65 00:04:27,809 --> 00:04:31,479 [announcer] With unprecedented and unlimited access from Volkswagen... 66 00:04:31,562 --> 00:04:34,190 [Gibney] There was no way VW was gonna give me access 67 00:04:34,274 --> 00:04:38,278 to look at the scandal, but the promo did get me worked up. 68 00:04:38,861 --> 00:04:43,116 Angry as I was, it didn't begin to describe the fury my wife felt. 69 00:04:43,199 --> 00:04:45,285 She stopped driving the car entirely. 70 00:04:45,994 --> 00:04:48,997 Though she had pasted "namaste" on our bumper sticker, 71 00:04:49,080 --> 00:04:51,833 a yoga term for "bowing to the divine in others," 72 00:04:51,916 --> 00:04:53,251 she had visions of marching in 73 00:04:53,334 --> 00:04:55,878 to the local VW dealership with a chainsaw. 74 00:04:55,962 --> 00:04:57,672 -[man] And the number. -[Anne Gibney] Yes. 75 00:04:57,755 --> 00:04:58,881 [man] These two documents... 76 00:04:58,965 --> 00:05:02,051 -[Anne] Okay, so I sign right... -[man] Seller signature. 77 00:05:02,135 --> 00:05:06,055 Yep. There we go. We're going to give you back the car. 78 00:05:06,139 --> 00:05:08,933 I feel so badly because I love the car... 79 00:05:09,017 --> 00:05:10,184 [man] Yeah. 80 00:05:10,268 --> 00:05:12,854 [Anne] Um, but when you feel you've been lied to, 81 00:05:12,937 --> 00:05:16,816 it's really hard to feel okay about the company, in general. 82 00:05:16,899 --> 00:05:18,651 Sort of like, shame on you, Volkswagen. 83 00:05:18,735 --> 00:05:19,736 -Yeah. -Right? 84 00:05:19,819 --> 00:05:20,737 [Gibney] Exactly. 85 00:05:20,820 --> 00:05:24,991 [Gibney] Okay, my wife is way too nice to think about killing the local dealers. 86 00:05:25,074 --> 00:05:27,327 But she wanted the car out of our lives. 87 00:05:28,328 --> 00:05:30,663 The question she was asking, and I was, too, 88 00:05:31,414 --> 00:05:33,249 was, "How could this have happened? 89 00:05:33,458 --> 00:05:37,295 How could a company have lied to its customers on such a massive scale?" 90 00:05:37,670 --> 00:05:39,797 I decided to look into the scandal. 91 00:05:39,881 --> 00:05:42,175 What I would discover was much darker 92 00:05:42,258 --> 00:05:45,970 and more vast than anything I had imagined. 93 00:05:49,390 --> 00:05:52,268 [in German] I am pleased that at the skilled hands 94 00:05:52,351 --> 00:05:55,313 of a brilliant design engineer and his staff, 95 00:05:55,396 --> 00:06:00,610 preliminary designs for a German Volkswagen have been completed, 96 00:06:00,693 --> 00:06:05,073 and the first models will finally be tested by the middle of the year. 97 00:06:07,075 --> 00:06:12,288 Then you will understand why I was utterly determined to lay the groundwork 98 00:06:12,371 --> 00:06:19,337 for the invention of the German Volkswagen and its ultimate conclusion, 99 00:06:19,420 --> 00:06:24,008 and by that, dear gentlemen, I mean a successful conclusion! 100 00:06:27,261 --> 00:06:30,640 [Gibney in English] Okay, it's usually a cheap shot to bring up Hitler, 101 00:06:30,723 --> 00:06:32,100 but when it came to VW, 102 00:06:32,183 --> 00:06:36,270 he's the man that jump-started the company back in the 1930s. 103 00:06:39,857 --> 00:06:41,609 [Jack Ewing] In the 1930s, 104 00:06:41,692 --> 00:06:45,404 cars were still a rarity in Germany, or relatively rare. 105 00:06:45,488 --> 00:06:48,074 It wasn't something that most people had. 106 00:06:48,157 --> 00:06:53,287 And in the United States, a lot of people think Henry Ford invented the car 107 00:06:53,371 --> 00:06:55,331 but he didn't, actually. What he did invent was 108 00:06:55,414 --> 00:06:58,417 how to build cars cheaply that everybody could afford. 109 00:06:58,501 --> 00:06:59,710 So in the United States, 110 00:06:59,794 --> 00:07:04,590 there was far more middle-class people who had automobiles than in Germany. 111 00:07:04,674 --> 00:07:07,802 And that really bothered the Germans and the Nazis, in particular, 112 00:07:07,885 --> 00:07:09,804 because they were supposed to be superior. 113 00:07:12,390 --> 00:07:15,393 So Hitler hooked up with Ferdinand Porsche. 114 00:07:15,977 --> 00:07:18,855 Porsche already had some designs in his drawer. 115 00:07:19,522 --> 00:07:24,402 This idea of a volkswagen, a people's car, had been kicking around for quite a while. 116 00:07:24,485 --> 00:07:28,156 And then he started developing the car with Nazi money. 117 00:07:31,367 --> 00:07:33,327 Porsche, himself, went to Ford 118 00:07:33,411 --> 00:07:35,955 and looked around on several occasions. 119 00:07:36,038 --> 00:07:39,250 He hired Germans who were working at Ford, émigrés. 120 00:07:39,333 --> 00:07:43,504 He brought them back to Germany to help build the Volkswagen factory. 121 00:07:43,588 --> 00:07:46,466 And it was very consciously modeled on Ford, 122 00:07:46,549 --> 00:07:48,968 but it was supposed to be even bigger. 123 00:07:49,051 --> 00:07:51,429 They wanted it to be the biggest factory in the world, 124 00:07:51,512 --> 00:07:53,139 which it eventually became. 125 00:07:54,807 --> 00:07:56,559 [reporter] There was a celebration in Germany, 126 00:07:56,642 --> 00:07:59,979 to mark the one millionth people's car since the war. 127 00:08:00,062 --> 00:08:04,358 Over 150,000 people were present to take part in the jollification. 128 00:08:04,442 --> 00:08:06,235 This included a... 129 00:08:06,319 --> 00:08:07,570 [Ewing] The city of Wolfsburg, 130 00:08:07,653 --> 00:08:10,323 it just doesn't get any more "company town" than that. 131 00:08:10,406 --> 00:08:13,659 There was nothing there until they built the Volkswagen factory. 132 00:08:15,328 --> 00:08:17,413 Everything that you see in Wolfsburg today 133 00:08:17,497 --> 00:08:20,833 has really grown up around that original factory. 134 00:08:25,630 --> 00:08:30,843 [Walter Groth] Okay, so, here, that's the main street in Wolfsburg. 135 00:08:30,927 --> 00:08:32,386 [Gibney] So there was nothing here? 136 00:08:32,470 --> 00:08:35,139 [Groth] Wolfsburg, as a city, didn't exist. 137 00:08:35,223 --> 00:08:36,682 [Gibney] It's a massive factory. 138 00:08:36,766 --> 00:08:38,226 [Groth] It's a massive factory. 139 00:08:38,309 --> 00:08:40,603 Nowadays, they are still employing 60,000 people. 140 00:08:40,686 --> 00:08:41,521 [Gibney] Really? 141 00:08:41,604 --> 00:08:43,523 [Groth] And the chimneys you see over there, 142 00:08:43,606 --> 00:08:45,858 -that's actually the paint shop. -[Gibney] Uh-huh. 143 00:08:45,942 --> 00:08:47,902 So, this is all employee housing in here? 144 00:08:47,985 --> 00:08:50,655 Yeah. Basically everyone works, uh, 145 00:08:50,738 --> 00:08:54,158 either directly or at least indirectly for Volkswagen here. 146 00:08:54,909 --> 00:08:58,079 How does it rank in terms of the largest factories in the world? 147 00:08:58,162 --> 00:08:59,622 -It's the largest one. -It is. 148 00:08:59,705 --> 00:09:03,042 There's no other factory, uh... 149 00:09:03,125 --> 00:09:06,629 Right now, they are producing by day, 150 00:09:06,712 --> 00:09:09,549 -round about between 3,000 to 3,500 cars. -Wow. 151 00:09:10,466 --> 00:09:13,177 [Gibney] VW declined to give us a tour of Wolfsburg. 152 00:09:13,844 --> 00:09:16,013 So, I sought out the help of Walter Groth, 153 00:09:16,097 --> 00:09:17,807 a consultant on corporate culture, 154 00:09:17,890 --> 00:09:20,810 who'd worked for 20 years as an executive for Volkswagen. 155 00:09:21,310 --> 00:09:23,145 You'd been at Volkswagen for a long time. 156 00:09:23,229 --> 00:09:24,480 Twenty-four years. 157 00:09:24,564 --> 00:09:27,525 [Gibney] When the news broke about the cheating scandal, 158 00:09:27,608 --> 00:09:29,318 what was your reaction? 159 00:09:29,402 --> 00:09:34,323 My reaction, uh... I was angry, actually. I was angry. 160 00:09:34,407 --> 00:09:36,534 [stammering] I took that very personal because, uh, 161 00:09:36,617 --> 00:09:39,954 I was thinking about all the people working for the brand 162 00:09:40,037 --> 00:09:42,039 and really doing the hard work. 163 00:09:42,123 --> 00:09:45,751 And when you imagine that this is a company 164 00:09:45,835 --> 00:09:49,171 with more than 600,000 people working for Volkswagen worldwide, 165 00:09:49,255 --> 00:09:53,009 and more than a hundred factories, 166 00:09:53,092 --> 00:09:59,390 and you have to run this operation... And all these people, 167 00:09:59,473 --> 00:10:03,603 when you look at the production lines, at manufacturing, what they do... 168 00:10:03,686 --> 00:10:06,147 When you look at the people developing a car, 169 00:10:06,230 --> 00:10:08,983 starting with the designers, for example, 170 00:10:09,066 --> 00:10:11,902 they all want to come up with the best product possible. 171 00:10:20,828 --> 00:10:22,997 [Gibney] For VW, the road to global dominance 172 00:10:23,080 --> 00:10:25,291 had always led through America. 173 00:10:25,374 --> 00:10:27,043 In the '60s, sales hit new highs, 174 00:10:27,126 --> 00:10:30,212 when VW flew the freak flag for the counterculture. 175 00:10:30,296 --> 00:10:34,717 The Bug was a real people's car, mechanically simple and down-to-earth. 176 00:10:34,800 --> 00:10:36,260 You could be high on mescaline 177 00:10:36,344 --> 00:10:38,554 and still shift gears or repair the engine. 178 00:10:38,929 --> 00:10:41,807 And the Bus was a crash pad on wheels. 179 00:10:46,937 --> 00:10:49,065 [Ewing] It was an amazing case of rebranding 180 00:10:49,148 --> 00:10:52,443 because this car was basically designed for Hitler. [chuckles] 181 00:10:53,027 --> 00:10:56,489 Then after the war, it becomes the symbol of the counterculture. 182 00:10:59,200 --> 00:11:00,701 [all laughing] 183 00:11:05,581 --> 00:11:08,376 [Gibney] But VW didn't keep up with the times. 184 00:11:08,459 --> 00:11:11,587 As the counterculture gave way to the Reagan era, 185 00:11:11,671 --> 00:11:16,092 VW didn't innovate and its sales dropped as fast as the quality of its cars. 186 00:11:17,009 --> 00:11:21,055 [Groth] During all these years, sales went down, losses were mounting. 187 00:11:21,138 --> 00:11:23,724 Volkswagen was close to being insolvent. 188 00:11:23,808 --> 00:11:27,353 I was asked to join the newly-formed, uh, North American region 189 00:11:27,436 --> 00:11:31,524 because we needed to do a turnaround of the Volkswagen of America. 190 00:11:32,400 --> 00:11:38,239 In 1993, Volkswagen sold roughly 38,000 cars a year in the United States. 191 00:11:38,322 --> 00:11:44,870 That's a market with 16-17 million cars. So 38,000 is, uh, ridiculous. [chuckles] 192 00:11:44,954 --> 00:11:49,375 And, uh, you have to remember the times when Volkswagen in the United States, 193 00:11:49,458 --> 00:11:52,711 with the Beetle, sold almost half a million cars. 194 00:11:56,298 --> 00:11:59,343 [Gibney] The savior for VW was Ferdinand Piëch. 195 00:12:00,177 --> 00:12:02,054 The grandson of Ferdinand Porsche, 196 00:12:02,138 --> 00:12:04,890 Piëch was professionally and personally productive. 197 00:12:05,391 --> 00:12:08,102 He sired 12 children with four different women. 198 00:12:09,019 --> 00:12:11,689 He also infused VW with a new DNA. 199 00:12:12,690 --> 00:12:17,069 [in German] Whenever there is war, fewer remain in the end. 200 00:12:17,945 --> 00:12:20,865 There are always winners and losers. 201 00:12:23,325 --> 00:12:25,453 And I intend... 202 00:12:26,787 --> 00:12:31,667 along with our VW partners around the world... 203 00:12:33,836 --> 00:12:35,546 to emerge victorious. 204 00:12:43,762 --> 00:12:46,974 Yeah, a little faster is more fun. 205 00:12:53,397 --> 00:12:56,484 [Bertel Schmitt in English] Piëch, he was the head of Audi before. 206 00:12:58,569 --> 00:13:00,070 He's a brilliant man. 207 00:13:00,154 --> 00:13:05,201 [stammers] It's brilliant, but it's dangerous, okay? Kind of. 208 00:13:05,785 --> 00:13:09,205 I mean, Piëch was a tough guy and he knew what he was doing. 209 00:13:10,414 --> 00:13:14,919 [in German] I don't feel I can't communicate with others. 210 00:13:15,002 --> 00:13:18,464 But there are individuals with whom I don't want to communicate. 211 00:13:18,547 --> 00:13:23,010 And they complain about my lack of communication. 212 00:13:23,093 --> 00:13:24,803 However, that's not unintentional. 213 00:13:27,556 --> 00:13:31,519 [Schmitt in English] When Piëch started, Volkswagen was down and out. 214 00:13:31,602 --> 00:13:35,356 They were just about bankrupt and their quality sucked. 215 00:13:35,439 --> 00:13:39,902 It was a disaster. Their value at the time was a disaster. 216 00:13:39,985 --> 00:13:43,322 The average, uh, workshop visit of an average car 217 00:13:43,405 --> 00:13:46,325 was three to four times in the first year. 218 00:13:47,493 --> 00:13:50,454 He had to turn the company around. And it's tough. 219 00:13:51,205 --> 00:13:54,875 [Groth] Dr. Piëch came just in time to make that happen. 220 00:13:54,959 --> 00:13:58,712 Before him, Volkswagen was rather thinking small, 221 00:13:59,630 --> 00:14:03,509 and with Piëch, the big thinking really started. 222 00:14:03,592 --> 00:14:07,680 Piëch, uh, he's the typical inventor. He has the big product ideas. 223 00:14:07,763 --> 00:14:10,933 He comes up with stuff that's just, uh... Wow. 224 00:14:11,016 --> 00:14:12,309 Where did he get that from? 225 00:14:13,352 --> 00:14:15,938 [Schmitt] He has this idea of diesel. 226 00:14:16,021 --> 00:14:20,568 [stammers] At the time, diesels were something for tractors. 227 00:14:20,651 --> 00:14:23,654 Maybe for, uh, big Mercedes. 228 00:14:24,238 --> 00:14:25,865 And he said, "It's going to be diesel." 229 00:14:25,948 --> 00:14:31,620 He made the diesel smaller, invented TDI. People, they loved it. 230 00:14:40,546 --> 00:14:44,383 [Gibney] The new TDI. It arrived with a hip new ad campaign. 231 00:14:44,466 --> 00:14:48,220 A diesel that was fun to drive, powerful and clean. 232 00:14:57,897 --> 00:15:01,025 [Groth] Volkswagen had huge success with TDI engines. 233 00:15:01,108 --> 00:15:03,819 In Europe, people started to love the diesel. 234 00:15:04,987 --> 00:15:07,031 But there was always the problem 235 00:15:07,698 --> 00:15:12,369 that what comes out from the exhaust, um... Not really healthy. 236 00:15:17,416 --> 00:15:20,669 [Gibney] The basics of diesel and gas engines are the same. 237 00:15:20,753 --> 00:15:25,174 A series of explosions move the pistons, which turn the drive shaft. 238 00:15:28,260 --> 00:15:30,471 Diesel fuel is much more efficient than gas 239 00:15:30,554 --> 00:15:33,307 and produces much less carbon dioxide. 240 00:15:33,390 --> 00:15:36,435 But diesel fuel exhaust disgorges much nastier stuff. 241 00:15:37,144 --> 00:15:40,397 Particulate matter and nitrogen oxide, called NOx, 242 00:15:40,481 --> 00:15:43,692 that causes air pollution and damages human lungs. 243 00:15:45,653 --> 00:15:47,905 This is personal for me. 244 00:15:47,988 --> 00:15:49,114 When my family was living 245 00:15:49,198 --> 00:15:51,867 in the NOx-filled smog of Southern California, 246 00:15:51,951 --> 00:15:54,578 my daughter developed exercise-induced asthma. 247 00:15:55,329 --> 00:15:57,373 When she was playing soccer in high school, 248 00:15:57,456 --> 00:16:00,084 she collapsed in front of me from lack of oxygen. 249 00:16:02,002 --> 00:16:04,046 [Gibney] NOx is not good. 250 00:16:04,129 --> 00:16:07,716 [stutters] No. NOx, nitrogen oxide, is very, uh, nasty stuff. 251 00:16:08,884 --> 00:16:12,262 Elements of nitrogen oxides mix with ozone, 252 00:16:12,346 --> 00:16:15,891 and then chemically changes into what we call smog. 253 00:16:16,976 --> 00:16:21,397 It's a factor in acid rain. It's damaging for plant life. 254 00:16:21,480 --> 00:16:27,069 It causes asthma in children, causes cardiac problems, cancer. 255 00:16:27,152 --> 00:16:29,029 People will die prematurely. 256 00:16:30,906 --> 00:16:32,241 [motor whirring] 257 00:16:35,703 --> 00:16:38,789 [Gibney] To keep the efficiency of diesel, but to cut down on NOx, 258 00:16:38,872 --> 00:16:42,126 manufacturers like VW tried to create NOx traps 259 00:16:42,209 --> 00:16:45,421 that caught and burned the stuff before it left the tailpipe. 260 00:16:45,504 --> 00:16:47,673 But the special parts needed were expensive, 261 00:16:47,756 --> 00:16:50,551 and had to be replaced every few thousand miles. 262 00:16:50,634 --> 00:16:52,136 Yet, they were the only way to meet 263 00:16:52,219 --> 00:16:54,763 the NOx pollution standards set in the US, 264 00:16:54,847 --> 00:16:56,849 which were much more strict than in Europe. 265 00:17:00,728 --> 00:17:02,646 [George W. Bush] Today, I'm directing the EPA 266 00:17:02,730 --> 00:17:06,108 and the Department of Transportation, Energy and Agriculture 267 00:17:06,191 --> 00:17:09,486 to take the first steps towards regulations 268 00:17:09,570 --> 00:17:13,907 that would cut gasoline consumption and greenhouse gas emissions 269 00:17:13,991 --> 00:17:15,034 for motor vehicles. 270 00:17:15,826 --> 00:17:18,370 We have set in motion a national policy 271 00:17:18,454 --> 00:17:25,044 aimed at both increasing gas mileage and decreasing greenhouse gas pollution 272 00:17:25,127 --> 00:17:29,214 for all new trucks and cars sold in the United States of America. 273 00:17:31,759 --> 00:17:34,053 [Gibney] Solving that problem in the US was critical 274 00:17:34,136 --> 00:17:37,306 for the strategy of the man who would eventually be tapped to follow Piëch 275 00:17:37,389 --> 00:17:40,225 as the head of VW, Martin Winterkorn. 276 00:17:40,309 --> 00:17:41,852 [Martin Winterkorn in German] Dr. Piëch and I 277 00:17:41,935 --> 00:17:45,314 have been working together for almost 30 years. 278 00:17:45,397 --> 00:17:50,069 And as you know, Dr. Piëch has always regarded innovation as the top priority. 279 00:17:50,152 --> 00:17:56,033 So, we agreed that he would focus on innovation and I would safeguard it. 280 00:17:58,744 --> 00:18:04,249 [in English] Winterkorn came and they did this strategy called Strategy 2018. 281 00:18:04,333 --> 00:18:06,668 [in German] We wanted to have the most satisfied customers. 282 00:18:06,752 --> 00:18:09,171 We wanted to have the most satisfied employees. 283 00:18:09,254 --> 00:18:13,050 We wanted to achieve good results in order to invest in the future. 284 00:18:13,133 --> 00:18:14,802 And we wanted to make the best cars. 285 00:18:14,885 --> 00:18:19,348 The upshot of which will be that by 2018 we are going to be 286 00:18:19,431 --> 00:18:21,767 the preeminent car manufacturer in the world. 287 00:18:23,018 --> 00:18:25,813 [Schmitt] Volkswagen never was great in America. 288 00:18:25,896 --> 00:18:28,232 The Volkswagen Bug was kind of a fluke. 289 00:18:28,315 --> 00:18:33,529 But America's a very important market. At the time, it was the world's largest. 290 00:18:33,612 --> 00:18:36,949 So, those Americans, they have to buy our diesel cars. 291 00:18:37,616 --> 00:18:40,202 That's what he wanted for the United States, diesel, 292 00:18:40,285 --> 00:18:43,080 which is incredibly hard to do in the United States. 293 00:18:43,163 --> 00:18:44,873 Everyone knew this. 294 00:18:45,833 --> 00:18:48,460 [stutters] And that's how it all started. 295 00:18:49,878 --> 00:18:53,549 The pressure on everybody 296 00:18:53,632 --> 00:18:57,136 to increase sales became unbearable. 297 00:18:58,512 --> 00:19:01,598 [Groth] Under pressure and when people feel fear, 298 00:19:01,682 --> 00:19:05,769 they might do things you don't want them actually to do. 299 00:19:15,195 --> 00:19:17,072 [Gibney] Determined to conquer the American market, 300 00:19:17,156 --> 00:19:21,285 VW built a new green factory in Chattanooga, Tennessee. 301 00:19:21,368 --> 00:19:24,204 To comply with American pollution standards, 302 00:19:24,288 --> 00:19:29,293 VW retooled its product line and introduced a new clean diesel, TDI. 303 00:19:31,211 --> 00:19:33,964 Its pitch to Americans was captivating. 304 00:19:34,047 --> 00:19:38,468 Cars that were low-cost, low-pollution, got good mileage and were fun to drive. 305 00:19:38,552 --> 00:19:39,720 Perfect. 306 00:19:39,803 --> 00:19:42,681 With its new green profile, VW's CEO boasted 307 00:19:42,764 --> 00:19:45,767 about its new-found commitment to social responsibility. 308 00:19:46,393 --> 00:19:50,272 And Chattanooga stands for the Volkswagen way of life. 309 00:19:50,355 --> 00:19:54,026 Sustainable, reliable and successful. 310 00:19:55,903 --> 00:20:00,532 Now, more than ever, Volkswagen has everything it takes 311 00:20:00,616 --> 00:20:04,369 to win the hearts and minds of American customers. 312 00:20:08,457 --> 00:20:11,084 [Gibney] I was one those people who stood up and cheered. 313 00:20:11,168 --> 00:20:15,547 I was proud to own a VW. Auto experts were cheering too. 314 00:20:16,715 --> 00:20:20,344 Somehow, VW seemed to have solved a problem no one else could: 315 00:20:21,261 --> 00:20:25,224 how to clean up dirty diesel engines in small, low-priced cars. 316 00:20:26,350 --> 00:20:29,853 I was completely surprised when I suddenly saw the clean diesel thing 317 00:20:29,937 --> 00:20:31,146 in the United States. 318 00:20:31,230 --> 00:20:33,815 [stutters] And first thought was, 319 00:20:33,899 --> 00:20:38,111 "Great. That's great. They solved the problem. 320 00:20:38,195 --> 00:20:40,572 Wow. I'm really deeply impressed." 321 00:20:40,656 --> 00:20:43,909 Then I looked at the price of the cars 322 00:20:43,992 --> 00:20:48,997 and, hmm, well, it's actually right in the market. 323 00:20:50,791 --> 00:20:52,918 But I was asking myself, "How did they do it?" 324 00:20:53,001 --> 00:20:56,463 And I'm not an engine developer, I'm not an engineer, so... 325 00:20:56,546 --> 00:21:00,968 There might be a way nobody else has ever seen. Uh, great, they did it. 326 00:21:13,438 --> 00:21:15,524 [Gibney] VW's solution to the diesel problem 327 00:21:15,607 --> 00:21:18,860 caught the attention of a group focused on clean transportation. 328 00:21:19,987 --> 00:21:23,282 They studied VW diesels not to see if they were bad, 329 00:21:23,657 --> 00:21:25,492 but why they were so good. 330 00:21:25,575 --> 00:21:29,454 And whether the US cars could serve as a model for other companies. 331 00:21:29,538 --> 00:21:33,083 The man in charge of the group was an American named John German. 332 00:21:33,959 --> 00:21:37,796 [John German] I describe myself as a pragmatic environmentalist. 333 00:21:37,879 --> 00:21:41,550 I spent about a decade each with Chrysler, then EPA, then Honda 334 00:21:41,633 --> 00:21:43,552 before I wound up at this non-profit, 335 00:21:43,969 --> 00:21:46,555 International Council on Clean Transportation. 336 00:21:47,389 --> 00:21:49,099 The goal's always the environment. 337 00:21:49,182 --> 00:21:53,895 We focus on working with regulators worldwide, 338 00:21:53,979 --> 00:21:56,398 not with legislatures. 339 00:21:56,481 --> 00:21:59,276 So we're trying to help the regulators do their job better. 340 00:22:01,236 --> 00:22:04,072 The whole VW scandal started in Europe. 341 00:22:04,781 --> 00:22:09,077 In 2011-2012, there's a report from an organization called JRC. 342 00:22:09,161 --> 00:22:14,458 It actually showed some anecdotal evidence of high diesel emissions in Europe. 343 00:22:16,084 --> 00:22:19,129 But the report was basically ignored. 344 00:22:20,630 --> 00:22:24,676 We had this brainstorm that there was a missing piece of data, 345 00:22:25,343 --> 00:22:27,179 which is what's happening in the US. 346 00:22:34,227 --> 00:22:40,150 And so, in 2013, we decided to test some diesels in the US. 347 00:22:41,693 --> 00:22:45,030 Primarily because we expected them to be clean. 348 00:22:45,697 --> 00:22:48,283 And then we would take that data back to Europe and say, 349 00:22:48,366 --> 00:22:52,621 "Look, they're clean in the US. How come you can't do it in Europe?" 350 00:23:00,253 --> 00:23:02,089 [engine starts] 351 00:23:03,215 --> 00:23:04,841 [Gibney] German needed to find someone 352 00:23:04,925 --> 00:23:07,636 to test what was coming out of the tailpipes of the cars, 353 00:23:07,719 --> 00:23:09,805 first in the lab and then on the road. 354 00:23:11,473 --> 00:23:14,935 The contract went to a group at the University of West Virginia. 355 00:23:15,018 --> 00:23:16,269 Car geeks who wanted to see 356 00:23:16,353 --> 00:23:19,398 if clean diesel was for real in any kind of car. 357 00:23:30,534 --> 00:23:32,786 [Arvind Thiruvengadam] This is a portable emissions measurement system 358 00:23:32,869 --> 00:23:37,249 that we use to measure emissions from vehicles on a real-time basis. 359 00:23:37,332 --> 00:23:40,377 It's a miniaturized version of a laboratory-grade measurement system 360 00:23:40,460 --> 00:23:43,421 where it's kind of in a shoebox-size, uh, equipment, 361 00:23:43,505 --> 00:23:44,923 where you can put it in the vehicle. 362 00:23:46,216 --> 00:23:50,053 This is used for a very specific purpose, which is in-use measurement. 363 00:23:50,137 --> 00:23:53,056 So we tap into the tailpipe and it measures two things. 364 00:23:53,140 --> 00:23:55,809 It measures the exhaust flow rate, how much exhaust is coming out, 365 00:23:55,892 --> 00:23:58,353 and then what the constituents of the exhaust are. 366 00:23:58,436 --> 00:24:02,566 So it's just a simple math, flow rate times the concentration, 367 00:24:02,649 --> 00:24:05,819 which is going to give you the, uh, the amount of, uh, pollutants 368 00:24:05,902 --> 00:24:08,113 that are coming out of the tailpipe. So that's... 369 00:24:08,196 --> 00:24:10,615 [Gibney] Arvind Thiruvengadam was part of the team 370 00:24:10,699 --> 00:24:13,034 that did the diesel pollution test for John German. 371 00:24:13,994 --> 00:24:17,831 They focused on European diesels being sold in the US. 372 00:24:19,166 --> 00:24:21,334 [Thiruvengadam] Whenever we do real-world testing, 373 00:24:21,418 --> 00:24:24,880 we do expect certain deviations from the certification number. 374 00:24:24,963 --> 00:24:29,176 Conditions such as ambient temperature, road grade, traffic and such, 375 00:24:29,259 --> 00:24:31,344 which you always cannot expect the manufacturer 376 00:24:31,428 --> 00:24:33,471 to be at the lowest possible emissions. 377 00:24:34,139 --> 00:24:36,433 But there is an acceptable level of deviation. 378 00:24:36,766 --> 00:24:41,646 Usually, five to six times deviation is part of real-world activity. 379 00:24:42,230 --> 00:24:44,816 But the kind of deviations we were observing 380 00:24:44,900 --> 00:24:49,821 from the VW passenger cars were significantly higher. 381 00:24:50,739 --> 00:24:53,742 [Gibney] During the road test, the VW TDI was sending 382 00:24:53,825 --> 00:24:58,705 up to 40 times more NOx into the air than the VW lab test numbers. 383 00:24:59,748 --> 00:25:02,417 West Virginia University, then they came to us. 384 00:25:02,500 --> 00:25:04,252 Once they said, you know, 385 00:25:04,336 --> 00:25:06,880 "We have these high emissions and we can't explain it." 386 00:25:06,963 --> 00:25:10,008 And my first reaction was, 387 00:25:10,091 --> 00:25:12,469 "There must be something wrong with the vehicle." 388 00:25:12,552 --> 00:25:15,722 Literally, a malfunction. It wasn't operating properly. 389 00:25:17,015 --> 00:25:21,186 But we tested these vehicles at the California emission laboratory 390 00:25:21,561 --> 00:25:23,146 and they passed the standards, 391 00:25:24,272 --> 00:25:26,608 which meant there was nothing wrong with the vehicle. 392 00:25:27,275 --> 00:25:31,738 And at that stage, I was pretty darn sure this was a defeat device. 393 00:25:34,741 --> 00:25:38,537 There's a long history of defeat devices 394 00:25:38,620 --> 00:25:42,916 and I worked at EPA during some of these defeat device investigations. 395 00:25:43,625 --> 00:25:47,003 The most recent major one was a 1998 case 396 00:25:47,087 --> 00:25:49,256 for heavy-duty engine manufacturers, 397 00:25:49,339 --> 00:25:52,842 in which almost every manufacturer of heavy-duty engines 398 00:25:52,926 --> 00:25:57,430 was calibrating them to increase emissions when they ran down the highway. 399 00:25:57,514 --> 00:26:02,561 That scandal cost them about $1 billion in total fines and remedies. 400 00:26:08,400 --> 00:26:12,404 And now with the VW case, I knew I was sitting on a time bomb. 401 00:26:13,738 --> 00:26:16,533 But the words "defeat device" never would cross my lips, 402 00:26:16,783 --> 00:26:21,079 'cause you just don't say that about a multi-billion dollar company 403 00:26:21,162 --> 00:26:24,958 when you're a little, uh, NGO with 30 employees. 404 00:26:25,041 --> 00:26:26,209 It was just too dangerous. 405 00:26:26,293 --> 00:26:29,921 [stammering] We'd have been potentially sued out of existence 406 00:26:31,006 --> 00:26:35,802 if it had even been implied we were accusing VW of having a defeat device. 407 00:26:37,679 --> 00:26:40,348 [Gibney] To avoid retaliation by VW, 408 00:26:40,432 --> 00:26:43,810 German first revealed his findings in 2014 409 00:26:44,102 --> 00:26:46,896 in San Diego, in a small academic conference. 410 00:26:46,980 --> 00:26:49,024 [people applauding] 411 00:26:49,107 --> 00:26:52,444 [Gibney] In the audience were a handful of VW executives. 412 00:26:52,527 --> 00:26:56,531 They must've realized for the first time that investigators were on their trail. 413 00:26:57,282 --> 00:27:01,411 But German was careful not to call out VW when it came to publishing results. 414 00:27:02,829 --> 00:27:06,166 [German] The compromise that we came up with 415 00:27:06,249 --> 00:27:09,169 is that we did post the report publicly on our website, 416 00:27:09,252 --> 00:27:13,965 but it refers to vehicles A, B and C. We did not identify them. 417 00:27:14,049 --> 00:27:17,302 Now, two days before we put the report online, 418 00:27:17,385 --> 00:27:22,474 I sent a courtesy e-mail to VW, saying, "This report's coming out. Here it is. 419 00:27:22,557 --> 00:27:25,018 By the way, vehicles A and B are yours." 420 00:27:33,109 --> 00:27:34,402 [woman] Raise your hand, sir. 421 00:27:35,654 --> 00:27:39,240 Do you swear or affirm that the testimony you're going to give in these proceedings 422 00:27:39,324 --> 00:27:42,035 depicts the whole truth under penalty of perjury? 423 00:27:42,118 --> 00:27:43,119 -I do. -[woman] Thank you. 424 00:27:43,203 --> 00:27:44,662 [Michael Melkersen] You are Stuart Johnson? 425 00:27:44,746 --> 00:27:45,914 I am. 426 00:27:45,997 --> 00:27:49,751 [Melkersen] Are you currently employed at Volkswagen Group of America, Inc.? 427 00:27:49,834 --> 00:27:50,668 Yes, I am. 428 00:27:50,752 --> 00:27:53,046 -How long have you been employed there? -Uh... 429 00:27:53,129 --> 00:27:56,341 All together, I've worked at Volkswagen 33 years. 430 00:27:56,424 --> 00:28:01,471 In this e-mail, uh, it's true isn't it, 431 00:28:01,554 --> 00:28:06,768 that you're talking about the West Virginia University study. True? 432 00:28:06,851 --> 00:28:07,769 Yes. 433 00:28:07,852 --> 00:28:09,771 Second-to-last sentence: 434 00:28:09,854 --> 00:28:14,734 "Some presenters indicated they suspected cheating." You see that? 435 00:28:15,276 --> 00:28:16,152 Yes, I do. 436 00:28:16,236 --> 00:28:18,321 -That's something you wrote, right? -That's correct. 437 00:28:18,405 --> 00:28:23,118 So you were aware, at least as of April 8, 2014, 438 00:28:23,201 --> 00:28:25,245 that cheating was one of the possible explanations 439 00:28:25,328 --> 00:28:27,455 -for what was going on. True? -Yes. 440 00:28:28,415 --> 00:28:30,291 You state, quote, 441 00:28:31,042 --> 00:28:33,920 "We will have to be careful with this going forward." 442 00:28:34,504 --> 00:28:36,715 -That's correct. -Why did you say that? 443 00:28:37,507 --> 00:28:42,137 Because I didn't like hearing that, out in a public forum, 444 00:28:42,220 --> 00:28:45,515 Volkswagen was being accused of cheating. 445 00:28:46,891 --> 00:28:52,147 Well, what was it specifically that you all would need to be careful about? 446 00:28:52,230 --> 00:28:57,277 I didn't like the fact that there was a... That that would, um, lead to 447 00:28:57,360 --> 00:29:00,613 some kind of suspicion against our company. 448 00:29:00,697 --> 00:29:04,743 But how could you be careful in order to alleviate suspicions? 449 00:29:04,826 --> 00:29:07,912 You have no control over suspicions third parties have, right? 450 00:29:07,996 --> 00:29:08,830 Yes. 451 00:29:08,913 --> 00:29:11,833 So what was it specifically that you needed to be careful about? 452 00:29:11,916 --> 00:29:14,544 My reason for writing that 453 00:29:14,627 --> 00:29:17,714 was that I wanted to try to manage the message 454 00:29:18,882 --> 00:29:23,178 and part of managing that message is engaging with the agencies. 455 00:29:25,263 --> 00:29:27,599 [Gibney] The agencies Johnson tried to manage 456 00:29:27,682 --> 00:29:30,560 were the EPA and California regulators. 457 00:29:31,644 --> 00:29:35,899 Following the San Diego presentation, California did its own tests. 458 00:29:35,982 --> 00:29:38,234 They confirmed the West Virginia results. 459 00:29:38,318 --> 00:29:40,862 Inside the lab, the pollution emitted by the cars 460 00:29:40,945 --> 00:29:42,322 was well within government limits. 461 00:29:43,323 --> 00:29:46,868 But on the road, NOx levels were dangerously high. 462 00:29:48,244 --> 00:29:50,663 That caught the attention of Alberto Ayala 463 00:29:50,747 --> 00:29:54,167 at the California Air Resources Board, known as CARB. 464 00:29:55,335 --> 00:30:00,632 What was different about this is, how far off they were, the magnitude. 465 00:30:00,715 --> 00:30:03,718 We're not talking about just a little bit above the standard. 466 00:30:03,802 --> 00:30:06,012 Forty times the limit was the average. 467 00:30:06,095 --> 00:30:10,183 If you look at some data points that we have, um, 468 00:30:10,266 --> 00:30:13,228 [chuckles] in some cases, it was 80 times the limit. 469 00:30:15,104 --> 00:30:17,273 And now you have two data points. 470 00:30:17,357 --> 00:30:21,861 We have two studies on our hands, saying this just doesn't make sense. 471 00:30:22,612 --> 00:30:25,532 At that point, that's when we went from research 472 00:30:25,615 --> 00:30:28,493 to, "Now we need to turn this into a regulatory action." 473 00:30:29,077 --> 00:30:33,581 What followed was 60 months of intense interaction with the company, 474 00:30:33,665 --> 00:30:36,960 back and forth, because it just escalated. 475 00:30:37,043 --> 00:30:40,171 We would do some testing, generate questions, 476 00:30:40,255 --> 00:30:44,926 send them to the company. They'd be expected to bring us answers. 477 00:30:45,009 --> 00:30:47,262 They would bring answers, we would go back to the lab 478 00:30:47,345 --> 00:30:49,389 and try them and then generate more questions. 479 00:30:51,432 --> 00:30:53,810 [Gibney] CARB was asking tough questions, 480 00:30:53,893 --> 00:30:56,771 and back in Wolfsburg, executives were terrified 481 00:30:56,855 --> 00:31:00,400 that honest answers would reveal a long trail of deceit. 482 00:31:01,401 --> 00:31:04,696 CEO Martin Winterkorn received an urgent e-mail 483 00:31:04,779 --> 00:31:07,824 from VW's head of quality management, Frank Tuch. 484 00:31:08,700 --> 00:31:12,579 "A thorough explanation of the dramatic increase in NOx emissions 485 00:31:12,662 --> 00:31:15,123 cannot be given to the authorities. 486 00:31:15,206 --> 00:31:18,167 It can be assumed that the authorities will then investigate 487 00:31:18,251 --> 00:31:22,338 whether Volkswagen implemented a so-called defeat device." 488 00:31:24,382 --> 00:31:29,387 Rather than come clean, VW thought its only alternative was to stall for time. 489 00:31:29,470 --> 00:31:31,931 [audience applauding] 490 00:31:32,015 --> 00:31:33,850 [Winterkorn in German] Technological leadership 491 00:31:33,933 --> 00:31:37,729 is not just defined anymore by horsepower and torque. 492 00:31:38,938 --> 00:31:42,734 The joy of economical and emissions-free driving, ladies and gentlemen, 493 00:31:43,318 --> 00:31:47,447 will be the currency in coming years. 494 00:31:51,200 --> 00:31:54,329 The company was, uh, unfortunately, uh, dismissive. 495 00:31:54,412 --> 00:31:58,708 It's like, oh, you know, "Maybe your instruments are not well calibrated," 496 00:31:58,791 --> 00:32:03,296 or, you know, "Oh, you have academics, graduate students running around, 497 00:32:03,379 --> 00:32:07,216 maybe they did it wrong and, uh, you guys gotta go check in 498 00:32:07,300 --> 00:32:09,344 because you gotta use experts to make sure that..." 499 00:32:09,427 --> 00:32:11,137 And we would do all of that, right? 500 00:32:11,220 --> 00:32:14,974 'Cause, again, all along, we're thinking, "This is not a defeat device. 501 00:32:15,058 --> 00:32:17,268 This is just a technical problem." 502 00:32:18,144 --> 00:32:22,690 [Melkersen] It's true, isn't it, that these various reasons were given 503 00:32:22,774 --> 00:32:27,070 in attempt to mislead the agency into believing 504 00:32:27,153 --> 00:32:30,907 there were technical explanations for the high NOx level 505 00:32:30,990 --> 00:32:34,827 as opposed to an explanation that involved cheating? True? 506 00:32:35,578 --> 00:32:38,498 In retrospect, yes, that's true. 507 00:32:38,581 --> 00:32:42,585 Mr. Johnson, I've handed you what's been marked as Exhibit 25... 508 00:32:42,669 --> 00:32:45,880 [Ayala] The two company representatives that we interacted with the most 509 00:32:45,964 --> 00:32:52,053 were Stuart Johnson and Oliver Schmidt, who at the time was actually based here. 510 00:32:52,136 --> 00:32:56,182 So he represented the company when it came to certification issues. 511 00:32:56,265 --> 00:32:57,433 [Oliver Schmidt] Let's first have a look 512 00:32:57,517 --> 00:32:59,811 at Volkswagen's history of diesel in the US. 513 00:32:59,894 --> 00:33:04,232 With this technology, we won, in 2009, the Green Car of the Year. 514 00:33:04,315 --> 00:33:07,568 Unfortunately, we got new emission regulations in the US. 515 00:33:07,652 --> 00:33:13,282 So, we had to comply with, um, with Bin 5 or ULEV standard all over the US... 516 00:33:13,366 --> 00:33:16,369 [Melkersen] In May of 2014, was Oliver Schmidt your boss? 517 00:33:16,452 --> 00:33:17,787 Yes, he was. 518 00:33:17,870 --> 00:33:20,164 When the West Virginia University report came out, 519 00:33:20,248 --> 00:33:21,749 did Oliver Schmidt express to you 520 00:33:21,833 --> 00:33:24,877 that one of the possibilities for the explanation of this report 521 00:33:24,961 --> 00:33:27,171 -is that we were cheating? -No. 522 00:33:27,255 --> 00:33:30,091 We were able to increase fuel economy by a lot, 523 00:33:30,174 --> 00:33:33,553 and we reduced the NOx raw emission of the engine by 40% 524 00:33:33,636 --> 00:33:36,848 in order to comply with future emission regulations... 525 00:33:36,931 --> 00:33:39,142 [Gibney] Oliver Schmidt was not sharing what he knew 526 00:33:39,225 --> 00:33:42,228 with many of the US team, including Stuart Johnson. 527 00:33:43,354 --> 00:33:45,898 But the cheating and how to handle it was an open secret 528 00:33:45,982 --> 00:33:47,984 among many executives in Germany. 529 00:33:48,818 --> 00:33:52,530 Schmidt wrote an e-mail posing a fundamental question about strategy. 530 00:33:52,613 --> 00:33:55,867 "It should first be decided whether we are honest. 531 00:33:55,950 --> 00:33:59,412 If we are not honest, everything stays as it is." 532 00:33:59,495 --> 00:34:03,082 Translation: Keep cheating and conceal the defeat device 533 00:34:03,166 --> 00:34:05,334 in a storm of obfuscating e-mails, 534 00:34:05,418 --> 00:34:09,464 misleading technical reports and endless diversionary meetings. 535 00:34:09,547 --> 00:34:11,507 [Ayala] For every meeting that Oliver and I had, 536 00:34:11,591 --> 00:34:15,094 our technical teams probably had another five, ten meetings. 537 00:34:15,178 --> 00:34:19,307 There was so much going on and it just got really convoluted. 538 00:34:20,433 --> 00:34:24,103 That was a challenge here. It didn't feel like we were making progress. 539 00:34:26,272 --> 00:34:31,152 We were negotiating, holding meetings with them, talking about... 540 00:34:31,235 --> 00:34:36,074 [Gibney] As CARB turned up the heat on VW, Stuart Johnson was suddenly promoted 541 00:34:36,157 --> 00:34:39,035 and Oliver Schmidt was quickly transferred back to Germany. 542 00:34:40,203 --> 00:34:42,830 [Melkersen] Do you believe that Oliver Schmidt 543 00:34:42,914 --> 00:34:44,749 was transferred back to Germany 544 00:34:44,832 --> 00:34:48,961 and you moved into that position to allow plausible deniability? 545 00:34:49,045 --> 00:34:52,090 [clicks tongue] No, I don't believe that. 546 00:35:00,515 --> 00:35:02,725 Did you have a reputation at your company for honesty? 547 00:35:02,809 --> 00:35:03,810 Yes. 548 00:35:03,893 --> 00:35:05,520 -Being forthright? -Yes. 549 00:35:05,603 --> 00:35:08,815 Did Oliver Schmidt share that reputation that you had? 550 00:35:11,859 --> 00:35:12,693 No. 551 00:35:19,992 --> 00:35:21,119 [Gibney] Back in Wolfsburg, 552 00:35:21,202 --> 00:35:24,539 Schmidt and the other German execs came up with a plan. 553 00:35:24,622 --> 00:35:28,709 VW would announce a recall and pledge to fix the problem. 554 00:35:28,793 --> 00:35:32,004 For the moment, CARB and the EPA seemed satisfied 555 00:35:32,088 --> 00:35:35,007 that VW was finally ready to do the right thing. 556 00:35:36,008 --> 00:35:38,469 They told us, "Oh, while we do this recall, 557 00:35:38,553 --> 00:35:41,055 we will put a fix to this issue on the NOx." 558 00:35:41,139 --> 00:35:44,308 Right? Uh, in the hope that I would come back 559 00:35:44,392 --> 00:35:45,810 and tell my team, "We're done." 560 00:35:45,893 --> 00:35:49,188 [Gibney] They'd convince you with their data 561 00:35:49,272 --> 00:35:51,274 so you wouldn't bother to keep testing the car. 562 00:35:51,357 --> 00:35:54,318 Correct, and of course that's not how we do business here, right? 563 00:35:55,611 --> 00:35:58,656 They did the recall and we got some test vehicles. 564 00:35:58,739 --> 00:36:00,032 We went back into the lab, 565 00:36:00,116 --> 00:36:03,661 and it wasn't giving us in-use emissions that match the in-certification test. 566 00:36:04,912 --> 00:36:06,789 [Melkersen] Would it be a fair statement that at the time that 567 00:36:06,873 --> 00:36:09,125 Volkswagen Group of America was telling CARB 568 00:36:09,208 --> 00:36:12,545 that it would update its software 569 00:36:12,628 --> 00:36:17,800 to more closely attempt compliance with regulatory limits, 570 00:36:17,884 --> 00:36:22,513 in fact, it was updating the software to further its cheat? 571 00:36:24,140 --> 00:36:26,058 [lawyer] Objection to the form of the question. 572 00:36:26,142 --> 00:36:27,518 [Melkersen] True? 573 00:36:27,602 --> 00:36:31,272 I would say, yes, that's true, knowing what I know today. 574 00:36:34,692 --> 00:36:37,778 [Gibney] VW did not fix the problem. Just the opposite. 575 00:36:37,862 --> 00:36:42,742 The company fixed the defeat device to make it even better at cheating. 576 00:36:43,993 --> 00:36:45,369 Through VW's own test, 577 00:36:45,453 --> 00:36:48,289 engineers discovered that sometimes the pollution controls 578 00:36:48,372 --> 00:36:51,209 would actually work as advertised on the road. 579 00:36:51,709 --> 00:36:54,170 But that caused wear and tear on the exhaust system. 580 00:36:54,795 --> 00:36:58,466 So to protect the cars, VW engineers changed the software, 581 00:36:58,549 --> 00:37:01,052 so pollution controls were shut off 582 00:37:01,135 --> 00:37:03,304 as soon as the driver moved the steering wheel. 583 00:37:08,100 --> 00:37:10,728 [German] You strap a vehicle onto a dynamometer 584 00:37:10,811 --> 00:37:12,688 and the front wheels never turn. 585 00:37:12,772 --> 00:37:15,900 So they looked for movement of the front steering wheel 586 00:37:15,983 --> 00:37:18,903 and deactivated emission controls if they found that movement. 587 00:37:19,570 --> 00:37:22,198 How could they possibly believe 588 00:37:22,281 --> 00:37:27,495 that they could go out and just change from one egregious strategy 589 00:37:27,578 --> 00:37:30,122 to a different egregious strategy and get away with it? 590 00:37:30,206 --> 00:37:31,832 I still don't understand that. 591 00:37:31,916 --> 00:37:35,753 That was without doubt the stupidest thing VW did. 592 00:37:36,921 --> 00:37:40,758 The time that we wasted giving them the benefit of the doubt, 593 00:37:40,841 --> 00:37:46,514 that's really what-- what, um, what got me, that I was, um... 594 00:37:48,724 --> 00:37:54,939 I was naïve thinking that the company was operating, uh, in good faith 595 00:37:55,022 --> 00:37:58,484 and trying to find a solution, because it was all wasted. 596 00:37:58,567 --> 00:38:01,946 They could've come clean from day one and saved us a lot of trouble. 597 00:38:02,029 --> 00:38:04,532 Very systematically, we were checking... 598 00:38:04,615 --> 00:38:06,742 We thought it's this. It's not, it's not. 599 00:38:06,826 --> 00:38:09,120 You go down and eliminate all other options. 600 00:38:09,620 --> 00:38:12,456 The only thing remaining is it's gotta be a defeat device. 601 00:38:13,499 --> 00:38:20,131 I always thought that there was a good explanation for what was happening 602 00:38:20,214 --> 00:38:21,674 and that it wasn't cheating. 603 00:38:22,550 --> 00:38:25,553 And the first time that I really... 604 00:38:27,346 --> 00:38:32,476 had the feeling that something was wrong and cheating was very possibly happening 605 00:38:32,560 --> 00:38:38,357 was when we met with the Air Resources Board on July 8th, 2015. 606 00:38:39,108 --> 00:38:43,195 In my opinion, I would characterize it as, uh, a pretty rough meeting. 607 00:38:43,946 --> 00:38:46,741 Lots of strong talk from the agencies. 608 00:38:47,700 --> 00:38:51,287 They said, "We think you're recognizing the FTP. 609 00:38:52,538 --> 00:38:55,791 We don't know how you're doing it, but we're convinced you're doing it." 610 00:38:55,875 --> 00:38:58,252 [Melkersen] Who above you, 611 00:38:58,336 --> 00:39:01,672 as far as management's concerned, did you discuss it with? 612 00:39:01,756 --> 00:39:02,798 [clicks tongue] 613 00:39:03,758 --> 00:39:09,263 Well, I've discussed it a lot with the management in Germany. 614 00:39:09,347 --> 00:39:14,435 Uh, Oliver Schmidt almost called me immediately after the meeting, 615 00:39:14,518 --> 00:39:16,687 within a day or so, saying, 616 00:39:16,771 --> 00:39:19,482 "What went on at the meeting? How did it go?" 617 00:39:19,565 --> 00:39:22,693 I said, "It didn't go very well." He said, "Yes, I heard that." 618 00:39:22,777 --> 00:39:23,861 I'm gonna stop you there. 619 00:39:23,944 --> 00:39:26,739 Did you ask anybody whether or not you were cheating? 620 00:39:28,282 --> 00:39:30,451 -No, I didn't. -Why not? 621 00:39:31,994 --> 00:39:38,876 To me, the people I was in contact with were the people that were deceiving me. 622 00:39:43,422 --> 00:39:46,509 [Gibney] When it was clear VW's fog machine wasn't working, 623 00:39:46,592 --> 00:39:51,180 VW agreed to a series of meetings with CARB in August 2015. 624 00:39:52,598 --> 00:39:54,725 [Johnson] Oliver Schmidt told me 625 00:39:55,476 --> 00:40:01,107 that he was authorized to come to the US, 626 00:40:02,066 --> 00:40:04,819 he was authorized to meet with Alberto Ayala, 627 00:40:05,361 --> 00:40:08,114 and he was authorized to make an admission. 628 00:40:10,574 --> 00:40:15,663 The reason VW finally came clean is actually fairly simple. 629 00:40:16,580 --> 00:40:20,876 EPA told them that if they didn't come clean, 630 00:40:20,960 --> 00:40:25,464 they would not certify any 2016 vehicles, including their gasoline vehicles. 631 00:40:25,548 --> 00:40:27,716 That means VW can't sell cars. 632 00:40:28,926 --> 00:40:30,553 No sales of new cars. 633 00:40:31,303 --> 00:40:36,058 There were comments made at the meeting that this was a financial decision. 634 00:40:36,142 --> 00:40:38,436 [Melkersen] There was an intentional premeditated 635 00:40:38,519 --> 00:40:40,271 cost-benefit analysis to cheat. 636 00:40:41,105 --> 00:40:43,649 That's what was stated in the meeting. 637 00:40:44,650 --> 00:40:49,155 So, it sounded like a pretty strong confession to me at the time. 638 00:40:50,406 --> 00:40:54,702 Stuart did approach me and we went aside and had a conversation, 639 00:40:54,785 --> 00:40:58,456 and that's when he admitted to me that it was a defeat device. 640 00:40:58,539 --> 00:40:59,957 That was the first time. 641 00:41:00,040 --> 00:41:01,709 We told Mr. Ayala 642 00:41:03,002 --> 00:41:08,215 the vehicle recognizes the dyno, it recognizes the test cycle 643 00:41:09,008 --> 00:41:13,888 and that this was a software gimmick. 644 00:41:13,971 --> 00:41:16,724 That some software had been developed 645 00:41:16,807 --> 00:41:19,185 by somebody who thought they were smarter than you. 646 00:41:20,811 --> 00:41:25,900 I was very upset. I mean, I was probably very, um... 647 00:41:27,401 --> 00:41:28,444 not very polite, 648 00:41:28,986 --> 00:41:34,575 and I think that Stuart probably took most of the brunt of it 649 00:41:34,658 --> 00:41:37,161 simply because he was the company at the time. 650 00:41:37,244 --> 00:41:38,245 But I was very upset. 651 00:41:38,329 --> 00:41:40,998 [Melkersen] Read for me, if you would, into the record, 652 00:41:41,081 --> 00:41:45,169 what the quotes were that you're quoting Dr. Ayala saying 653 00:41:45,252 --> 00:41:47,922 to your conversation, if you would. 654 00:41:48,005 --> 00:41:50,716 So, his quotes are, 655 00:41:50,799 --> 00:41:54,678 "You played us. You tried to put a pillow over our head. 656 00:41:54,762 --> 00:41:59,808 You wasted a lot of our time and money. We will come after you hard on this. 657 00:41:59,892 --> 00:42:02,978 This has taken too much time and raised expectations. 658 00:42:03,062 --> 00:42:06,857 Now it's just going to confirm what NGOs have been saying all along. 659 00:42:07,691 --> 00:42:12,655 We will write a nasty press release. I don't believe your company anymore. 660 00:42:12,738 --> 00:42:16,659 This is going to be a lot of money and you better not fight it. 661 00:42:19,161 --> 00:42:21,956 And don't give me any shit on the midterm review 662 00:42:22,039 --> 00:42:23,958 when I ask for more stringency." 663 00:42:27,253 --> 00:42:28,462 [Melkersen] Thank you. 664 00:42:29,421 --> 00:42:32,675 There was tremendous pressure that the company was putting on itself 665 00:42:32,758 --> 00:42:36,303 to really get to that point where they wanted to be number one, 666 00:42:36,387 --> 00:42:40,057 and they basically wanted to get there at whatever cost, and... 667 00:42:41,475 --> 00:42:42,851 now, here we are. 668 00:42:45,062 --> 00:42:46,855 [man] Ladies and gentlemen, 669 00:42:46,939 --> 00:42:49,525 please welcome president and CEO 670 00:42:49,608 --> 00:42:52,861 of Volkswagen Group of America, Michael Horn. 671 00:42:52,945 --> 00:42:54,655 [audience applauding] 672 00:42:59,535 --> 00:43:01,412 So, let's be clear about this. 673 00:43:01,495 --> 00:43:07,710 Our company was dishonest with the EPA and the California Air Resources Board, 674 00:43:07,793 --> 00:43:09,336 and with all of you. 675 00:43:09,420 --> 00:43:12,548 And in my German words, we've totally screwed up. 676 00:43:12,631 --> 00:43:17,219 [in German] The irregularities found in our diesel engines 677 00:43:17,303 --> 00:43:21,056 are the antithesis of everything Volkswagen stands for. 678 00:43:21,140 --> 00:43:26,020 Even I, at this point, don't have answers to all the questions. 679 00:43:26,103 --> 00:43:30,190 But we are working diligently to find out exactly what happened. 680 00:43:30,274 --> 00:43:31,900 [Gibney] Is it conceivable 681 00:43:31,984 --> 00:43:37,656 that Winterkorn didn't know about the cheating devices? Is that conceivable? 682 00:43:37,740 --> 00:43:41,118 If you believe in the tooth fairy, then it's conceivable. 683 00:43:41,201 --> 00:43:44,455 [in German] To our employees, I'd like to say, 684 00:43:44,913 --> 00:43:47,625 I know with how much dedication, 685 00:43:47,708 --> 00:43:52,004 honesty and integrity you pursue your work day after day. 686 00:43:52,921 --> 00:43:58,594 I am well aware that much of it has been thrown into question. 687 00:43:59,637 --> 00:44:03,557 But it would be wrong to cast general suspicion 688 00:44:03,641 --> 00:44:07,561 on the hard and honest work of 600,000 people 689 00:44:07,645 --> 00:44:09,355 because of the terrible mistake made by the few. 690 00:44:09,438 --> 00:44:12,483 [in English] Dr. Winterkorn, this happened under your watch. 691 00:44:12,566 --> 00:44:13,817 You own it. 692 00:44:14,693 --> 00:44:19,156 Don't tell me that some engineers at some place did something wrong. 693 00:44:19,239 --> 00:44:20,366 Don't tell me that. 694 00:44:20,449 --> 00:44:22,076 [in German] You have my word, 695 00:44:22,701 --> 00:44:27,790 we will do all of this with the greatest possible openness and transparency. 696 00:44:28,540 --> 00:44:30,292 [Gibney] Winterkorn denied any knowledge 697 00:44:30,376 --> 00:44:32,670 of the defeat device or the cheating scandal, 698 00:44:32,753 --> 00:44:35,923 but he was forced to resign the day after giving the statement. 699 00:44:37,800 --> 00:44:41,720 The US Congress began to investigate, with one question in mind: 700 00:44:41,804 --> 00:44:44,139 how high did the deception go? 701 00:44:44,223 --> 00:44:47,768 [Joe Barton] Raise your right hand and I'll swear you in. 702 00:44:47,851 --> 00:44:50,896 [Gibney] Michael Horn was the CEO of Volkswagen Group of America. 703 00:44:50,979 --> 00:44:52,523 [Barton] Do you swear the testimony you're about to give... 704 00:44:52,606 --> 00:44:54,316 [Gibney] One of the company's best salesmen, 705 00:44:54,400 --> 00:44:57,194 he'd worked at VW for 25 years. 706 00:44:57,277 --> 00:45:00,781 I'm told that this was a decision made in Germany at the corporate level. 707 00:45:00,864 --> 00:45:02,157 Is that correct? 708 00:45:03,033 --> 00:45:05,285 Two answers to this. 709 00:45:05,369 --> 00:45:08,080 Um, first of all, the investigations are ongoing, 710 00:45:08,163 --> 00:45:10,124 but this was not a corporate decision. 711 00:45:10,207 --> 00:45:13,043 From my point of view, to my best knowledge today, 712 00:45:13,127 --> 00:45:14,753 the corporation in no board meeting 713 00:45:14,837 --> 00:45:17,548 or no supervisory board meeting has authorized this. 714 00:45:17,631 --> 00:45:21,009 [Gibney] But Michael Horn knew about the defeat device. 715 00:45:21,093 --> 00:45:23,762 A year and a half before his testimony to Congress, 716 00:45:23,846 --> 00:45:26,598 Horn had received an e-mail from Oliver Schmidt. 717 00:45:27,850 --> 00:45:32,020 Schmidt told Horn about the defeat device and the likely consequences. 718 00:45:32,813 --> 00:45:36,275 "Intentional conduct equals penalties." 719 00:45:37,151 --> 00:45:40,237 [Johnson] In a conversation I had with Michael Horn, 720 00:45:41,447 --> 00:45:48,412 he had mentioned that he had received a report from Oliver in May of 2014. 721 00:45:48,495 --> 00:45:50,706 [Melkersen] Did he tell you what it was about? 722 00:45:50,789 --> 00:45:52,416 Not in detail. No. 723 00:45:52,499 --> 00:45:57,004 -Or did he tell you in summary? -He just said that it, uh... 724 00:45:58,547 --> 00:46:04,928 raised the possibility of cheating at that point in time. 725 00:46:05,012 --> 00:46:09,224 At that point of time, I had no understanding what a defeat device was 726 00:46:09,308 --> 00:46:11,685 and I had no indication whatsoever 727 00:46:11,768 --> 00:46:14,354 that a defeat device could have been in our cars. 728 00:46:14,438 --> 00:46:18,942 This was a couple of software engineers who put this in for whatever reasons, 729 00:46:19,026 --> 00:46:20,527 and I would also like to find out... 730 00:46:20,611 --> 00:46:24,990 That story of a small group of engineers at Volkswagen 731 00:46:25,073 --> 00:46:29,286 doing something on their own is unbelievable, okay? 732 00:46:29,369 --> 00:46:32,039 It's unbelievable, okay? 733 00:46:32,122 --> 00:46:36,585 At Volkswagen, if you want a pen, you need three signatures. 734 00:46:38,795 --> 00:46:40,464 [Gibney] New York state took up the fight 735 00:46:40,547 --> 00:46:43,800 and launched a civil suit, proclaiming fraud by VW. 736 00:46:43,884 --> 00:46:48,138 Today's suit and the nine-month investigation that led to it 737 00:46:48,222 --> 00:46:51,767 are designed to hold Volkswagen accountable for their actions 738 00:46:51,850 --> 00:46:55,187 and to make sure that no car company again 739 00:46:55,270 --> 00:46:58,482 ever considers this type of widespread deception. 740 00:46:58,565 --> 00:47:00,609 The individuals who purchase cars are victims. 741 00:47:00,692 --> 00:47:03,570 Those who suffer from this extra pollution are victims. 742 00:47:03,654 --> 00:47:06,406 So is every other company that followed the rules 743 00:47:06,490 --> 00:47:09,451 and was trying to produce a car complying with the law 744 00:47:09,535 --> 00:47:10,827 to meet these emission standards. 745 00:47:10,911 --> 00:47:15,165 To have these folks cheating and programming their cars to commit fraud, 746 00:47:15,249 --> 00:47:17,376 in a way, their competitors are also victims. 747 00:47:17,459 --> 00:47:19,795 We're trying to establish a level playing field, 748 00:47:19,878 --> 00:47:21,630 that everyone has to follow the rules, 749 00:47:21,713 --> 00:47:23,173 no one is above the law 750 00:47:23,257 --> 00:47:26,343 and no level of corporate cover-up can excuse this. 751 00:47:26,426 --> 00:47:29,638 [Gibney] Did you come up with evidence that indicated 752 00:47:29,721 --> 00:47:32,266 that Winterkorn knew what was going on? 753 00:47:32,349 --> 00:47:35,269 Yeah. Going back to, I think, 2006, 754 00:47:35,352 --> 00:47:37,479 it's clear that things at least came to his attention. 755 00:47:39,648 --> 00:47:42,734 We've reviewed millions of pages of documents, thousands of internal e-mails. 756 00:47:43,944 --> 00:47:48,073 It is clear that there had been a very frantic effort to cover this up. 757 00:47:48,657 --> 00:47:50,617 They had phony recalls, 758 00:47:50,701 --> 00:47:55,122 they looked at other penalties against carmakers and said, 759 00:47:55,205 --> 00:47:57,457 "We can survive this sort of a penalty." 760 00:47:57,958 --> 00:48:01,128 There were signals sent, "We may be putting a document holdout," 761 00:48:01,211 --> 00:48:03,839 which sends a signal, maybe you wanna destroy some documents. 762 00:48:03,922 --> 00:48:08,010 Hundreds of very high-level executives and engineers knew about this. 763 00:48:08,093 --> 00:48:10,387 We didn't find one e-mail from anyone saying, 764 00:48:10,470 --> 00:48:12,598 "We shouldn't do this," or, "This is against the law," 765 00:48:12,681 --> 00:48:14,725 or trying to put the brakes on this system. 766 00:48:14,808 --> 00:48:18,270 So this was a corporate culture permeated by fraud. 767 00:48:18,353 --> 00:48:22,733 Now, all of these cars are out of the legal compliance, clearly. 768 00:48:22,816 --> 00:48:25,694 [Johnson] I had a phone conversation with Michael Horn 769 00:48:25,777 --> 00:48:27,946 after I'd heard from Oliver Schmidt, 770 00:48:28,030 --> 00:48:30,741 that he's authorized to make an admission. 771 00:48:30,824 --> 00:48:35,203 Things were looking bad, you know, dire outcome. 772 00:48:37,039 --> 00:48:38,498 So, um... 773 00:48:39,249 --> 00:48:40,584 Michael Horn called me. 774 00:48:40,667 --> 00:48:42,002 I told Mr. Horn, 775 00:48:43,086 --> 00:48:47,174 "It looks like we've been cheating and we've been caught." 776 00:48:47,924 --> 00:48:52,471 [Melkersen] And did Mr. Horn then immediately issue a stop-sale order, 777 00:48:52,554 --> 00:48:57,309 to stop selling these cars that Volkswagen had been cheating to sell? 778 00:48:57,392 --> 00:48:58,644 Not that I'm aware of, no. 779 00:48:59,436 --> 00:49:02,648 Would it be fair to say that Michael Horn's primary focus is 780 00:49:03,815 --> 00:49:05,651 increasing sales? 781 00:49:05,734 --> 00:49:07,486 [lawyer] Objection. Calls for speculation. 782 00:49:07,569 --> 00:49:10,364 [Melkersen] In respect to his position at Volkswagen Group of America? 783 00:49:10,447 --> 00:49:11,782 [lawyer] Calls for speculation. 784 00:49:13,200 --> 00:49:14,701 I would say yes. 785 00:49:19,539 --> 00:49:20,666 You know what's really great 786 00:49:20,749 --> 00:49:24,169 about the all-new 2012 Volkswagen Passat TDI Clean Diesel? 787 00:49:24,252 --> 00:49:26,338 Not only does it provide excellent fuel economy, 788 00:49:26,421 --> 00:49:28,423 but you'll love the performance, too. 789 00:49:28,507 --> 00:49:31,551 Delivers turbo-charged performance and great mileage. 790 00:49:31,635 --> 00:49:35,347 [man] Passat TDI Clean Diesel with up to 814 highway miles per tank. 791 00:49:35,430 --> 00:49:36,723 Just one reason Volkswagen 792 00:49:36,807 --> 00:49:39,851 is the number-one selling diesel car brand in America. 793 00:49:39,935 --> 00:49:44,272 If you want a look into the psyche, into the thinking of a company, 794 00:49:45,190 --> 00:49:47,192 you should look at the advertising campaign. 795 00:49:47,943 --> 00:49:50,570 The old wives' tale is funny. 796 00:49:50,654 --> 00:49:52,531 How do you like my new car? 797 00:49:52,614 --> 00:49:53,573 Isn't diesel dirty? 798 00:49:53,657 --> 00:49:55,409 Oh, say it's beautiful, for Christ's sake. 799 00:49:55,492 --> 00:49:58,203 I think it's beautiful, but aren't diesels dirty? 800 00:49:58,286 --> 00:49:59,121 Yeah, that's true. 801 00:50:00,539 --> 00:50:03,417 Oh, that used to be dirty. This is 2015. 802 00:50:03,500 --> 00:50:05,711 No, no, no. Listen to me, Terry. 803 00:50:05,794 --> 00:50:09,464 -Diesel in Latin means dirty. -I'll prove it to ya. 804 00:50:10,215 --> 00:50:13,176 [woman] You're gonna ruin your scarf. Oh, look what she's doing. 805 00:50:13,260 --> 00:50:14,928 See how clean it is? 806 00:50:15,011 --> 00:50:17,097 [woman] It's not dirty, but you still have a dirty mind. 807 00:50:17,180 --> 00:50:22,978 The audience is like, "It's very funny. That's the way it is." But it was a lie. 808 00:50:23,061 --> 00:50:24,688 Every time one of those ads ran, 809 00:50:24,771 --> 00:50:27,566 the executives of these companies knew that they were telling a lie, 810 00:50:27,649 --> 00:50:31,695 and they'd sold, uh, ultimately about 11 million of these cars around the world. 811 00:50:31,778 --> 00:50:33,905 That's a lot of cars, a lot of excess pollution. 812 00:50:34,948 --> 00:50:37,242 They seemed to have a culture in the company, 813 00:50:37,325 --> 00:50:39,327 a feeling as though they were above the law. 814 00:50:40,829 --> 00:50:43,039 [Gibney] Between state and federal sanctions, 815 00:50:43,123 --> 00:50:47,127 VW was forced to pay over $25 billion in fines, 816 00:50:47,210 --> 00:50:51,465 and to buy back over 550,000 vehicles from angry owners. 817 00:50:51,548 --> 00:50:55,385 Through lawsuits and investigations by government regulators, 818 00:50:55,469 --> 00:51:00,724 more details would be revealed about VW's vast cheating campaign in the US. 819 00:51:00,807 --> 00:51:02,184 And across the ocean, 820 00:51:02,267 --> 00:51:04,644 a journalist named Hans Koberstein uncovered 821 00:51:04,728 --> 00:51:07,773 a much more pervasive problem in Europe. 822 00:51:07,856 --> 00:51:11,651 Our main question was is Volkswagen the only one? 823 00:51:11,735 --> 00:51:15,489 What about all the other diesel car manufacturers in Germany? 824 00:51:15,572 --> 00:51:19,993 World leaders in diesel technology. Do they use illegal defeat devices, too? 825 00:51:24,873 --> 00:51:27,000 My colleagues and I decided to do a test 826 00:51:27,083 --> 00:51:32,380 to measure the emissions on the road of German cars. 827 00:51:32,464 --> 00:51:38,094 BMW, Mercedes and a Volkswagen with a defeat device. 828 00:51:38,178 --> 00:51:41,056 [man in German] Do they poison the air more than allowed? 829 00:51:41,932 --> 00:51:45,477 When we tried to get the portable emission measurement system 830 00:51:45,560 --> 00:51:46,728 to do the testings, 831 00:51:47,646 --> 00:51:50,148 in this time there were just four companies 832 00:51:50,232 --> 00:51:52,776 that offer this service in Germany. 833 00:51:52,859 --> 00:51:56,196 We called all of them and they all of them told us, 834 00:51:56,279 --> 00:52:00,242 "Mmm. [clicks tongue] Mmm, we don't want to do it with you." 835 00:52:00,325 --> 00:52:04,079 Or they had no time, or they said, "Oh, you can't do this testing." 836 00:52:04,162 --> 00:52:05,122 "Why not?" 837 00:52:05,831 --> 00:52:07,749 "You can't do this testing." [chuckles] 838 00:52:07,833 --> 00:52:09,584 They just didn't want to do it with us. 839 00:52:10,335 --> 00:52:14,631 Those service agencies that offer the mobile measurements 840 00:52:14,714 --> 00:52:20,095 depend on the car industry, so they didn't want to harm their clients. 841 00:52:20,971 --> 00:52:23,807 And so, we had to go to Switzerland to do this testing. 842 00:52:23,890 --> 00:52:27,769 [man in German] We did the same test on the street that we did in the lab. 843 00:52:28,478 --> 00:52:31,648 [Koberstein] We compared how is the car acting in the lab 844 00:52:31,731 --> 00:52:35,277 and how is the same car acting on the road. 845 00:52:35,360 --> 00:52:39,489 And it was amazing to see that it is dirty. 846 00:52:39,573 --> 00:52:43,535 Not just a little bit. It is extremely dirty. 847 00:52:44,160 --> 00:52:47,122 The Volkswagen with an illegal defeat device 848 00:52:47,205 --> 00:52:49,916 and the BMW and the Mercedes 849 00:52:50,000 --> 00:52:56,798 emitted up to 400-500% higher than during the laboratory test. 850 00:52:56,882 --> 00:53:02,220 That shows clearly that those cars have a defeat device. 851 00:53:04,222 --> 00:53:06,933 [Gibney] When Hans asked the car companies for comment, 852 00:53:07,017 --> 00:53:10,270 they responded by threatening to sue for hundreds of millions of dollars 853 00:53:10,353 --> 00:53:12,355 to prevent the broadcast. 854 00:53:12,439 --> 00:53:14,858 But Hans pushed forward and exposed 855 00:53:14,941 --> 00:53:19,487 not only the cheating but the way the German government enabled it. 856 00:53:19,571 --> 00:53:24,868 Every manufacturer in Europe is using calibration strategies 857 00:53:24,951 --> 00:53:28,163 that, in the US, would be considered defeat devices. 858 00:53:28,830 --> 00:53:30,290 Every one of them. 859 00:53:30,790 --> 00:53:32,459 And what's really interesting here 860 00:53:32,542 --> 00:53:35,837 is that if you read the language for what a defeat device is, 861 00:53:35,921 --> 00:53:38,298 in Europe and the US, they're almost identical. 862 00:53:38,381 --> 00:53:41,635 Almost word for word. So, what's going on here? 863 00:53:42,427 --> 00:53:46,932 What it really comes down to is that there are three exceptions 864 00:53:47,015 --> 00:53:50,143 for cases in which calibration changes are allowed. 865 00:53:50,227 --> 00:53:53,605 And one of them is for safety and protection of the engine. 866 00:53:54,230 --> 00:53:57,817 In Europe, the manufacturers just claim, 867 00:53:57,901 --> 00:54:00,862 "Oh, I need this for protection of the engine." 868 00:54:00,946 --> 00:54:03,823 Or, "I need this for protection of the after-treatment system." 869 00:54:03,907 --> 00:54:07,410 And those claims go unchallenged. 870 00:54:08,620 --> 00:54:10,247 [Koberstein] The understanding of the German government 871 00:54:10,330 --> 00:54:14,209 is defeat devices are generally allowed 872 00:54:14,751 --> 00:54:18,171 because there's an exemption to protect the engines. 873 00:54:18,254 --> 00:54:19,881 Any engine must be protected, 874 00:54:19,965 --> 00:54:23,426 so all the defeat devices we know in diesel cars are allowed. 875 00:54:23,510 --> 00:54:28,056 That's the interpretation of the German government and it is absurd. 876 00:54:28,139 --> 00:54:30,308 [Gibney] It seems crazy that the German government cares more 877 00:54:30,392 --> 00:54:33,019 about protecting engines than human beings. 878 00:54:33,103 --> 00:54:37,983 -Is it this way throughout Europe? -Well, the primary issue in Europe 879 00:54:38,066 --> 00:54:43,071 isn't so much their requirements which, for the most part, are world-class. 880 00:54:43,154 --> 00:54:46,282 But Europe does tend to have a problem with enforcement. 881 00:54:46,366 --> 00:54:49,828 The standards are set at the European level for all the countries. 882 00:54:49,911 --> 00:54:54,082 But enforcement is done at the individual country level. 883 00:54:54,165 --> 00:55:00,088 Further, every country agrees to accept enforcement in every other country. 884 00:55:00,755 --> 00:55:04,175 So this leads to a situation which the manufacturers go shopping. 885 00:55:04,259 --> 00:55:07,220 Which country is going to do the least enforcement? 886 00:55:08,263 --> 00:55:10,515 [Gibney] In Europe, it's a game of musical chairs. 887 00:55:10,598 --> 00:55:12,934 If enforcement is too strict in France or Finland, 888 00:55:13,018 --> 00:55:15,020 try Luxembourg or Malta. 889 00:55:15,103 --> 00:55:17,981 They may need the money or factories that might be built, 890 00:55:18,064 --> 00:55:21,192 so they're willing to look the other way when companies cheat. 891 00:55:31,244 --> 00:55:34,956 Companies often claim they can't improve safety or pollution controls 892 00:55:35,040 --> 00:55:37,083 or they'd go out of business. 893 00:55:37,167 --> 00:55:39,669 For VW, the situation is even more prone to corruption. 894 00:55:39,753 --> 00:55:45,675 The German province of Lower Saxony actually owns 20% of VW's voting stock. 895 00:55:45,759 --> 00:55:47,218 Given that fact, 896 00:55:47,302 --> 00:55:51,473 is it likely that Lower Saxony will conduct a thorough investigation 897 00:55:51,556 --> 00:55:53,767 of its biggest profit center? 898 00:55:53,850 --> 00:55:57,479 [Schmitt] The government covered the car companies. 899 00:55:57,562 --> 00:56:00,148 Why? Because of its jobs. 900 00:56:00,231 --> 00:56:03,693 They're very worried if people are out of a job 901 00:56:03,777 --> 00:56:08,531 because then they're lining up outside of the agencies 902 00:56:08,615 --> 00:56:10,784 and collect money and they vote them out of power. 903 00:56:10,867 --> 00:56:14,287 Any national government in Europe has the problem 904 00:56:14,370 --> 00:56:16,831 if it has a national car industry. 905 00:56:16,915 --> 00:56:19,542 "Oh, how are we going to deal with this problem?" 906 00:56:19,626 --> 00:56:24,005 They all think, "Mmm, better not to harm our national car industry," 907 00:56:24,089 --> 00:56:28,051 because they can only enforce the law for their own car industry, 908 00:56:28,134 --> 00:56:31,596 not for the German or French one, just for the British one. 909 00:56:31,679 --> 00:56:34,891 And so, any national government is thinking, 910 00:56:34,974 --> 00:56:39,896 "Should I harm my national car industry if others won't? 911 00:56:39,979 --> 00:56:43,483 No, I will not do this. I am not stupid." 912 00:56:44,818 --> 00:56:47,987 And they are still selling dirty cars. 913 00:56:49,072 --> 00:56:52,033 [Gibney] To this day, despite the VW scandal, 914 00:56:52,117 --> 00:56:56,079 car manufacturers are selling dirty cars throughout Europe and the world. 915 00:56:56,454 --> 00:56:59,833 It always sounds good to say, "We need the jobs." 916 00:56:59,916 --> 00:57:02,627 But what if you were offered a job at an assembly line 917 00:57:02,710 --> 00:57:07,215 to make products that killed people? Would you take that job? 918 00:57:07,298 --> 00:57:09,467 [train horn blowing] 919 00:57:10,760 --> 00:57:12,554 [German] What's going on in Europe? 920 00:57:12,637 --> 00:57:16,099 They have these plans for how they're going to reduce air pollution, 921 00:57:16,182 --> 00:57:19,269 and they've had these for 10, 20 years. 922 00:57:20,186 --> 00:57:22,856 They made projections about what's gonna happen in the future. 923 00:57:22,939 --> 00:57:27,026 They have not been meeting their projections for ambient air quality. 924 00:57:27,652 --> 00:57:31,239 The pollutants in the air are higher than they've always projected, 925 00:57:31,865 --> 00:57:33,783 and now we finally know why. 926 00:57:35,869 --> 00:57:39,539 The one thing that the governments in Europe did after the VW scandals, 927 00:57:39,622 --> 00:57:41,291 they did a lot of testing. 928 00:57:41,374 --> 00:57:45,753 So we have in-use tests on over 150 vehicles in Europe now, 929 00:57:45,837 --> 00:57:46,754 and it's clear. 930 00:57:46,838 --> 00:57:50,091 The diesels in Europe are six or seven times dirtier 931 00:57:50,175 --> 00:57:51,468 than the standards allow. 932 00:57:52,552 --> 00:57:56,514 So the ambient air quality in every city in Europe 933 00:57:56,598 --> 00:57:58,683 is worse than it should've been, 934 00:57:58,766 --> 00:58:02,228 and this is having health impacts and premature deaths. 935 00:58:03,480 --> 00:58:08,151 In Germany, it's more than 10,000 premature deaths per year 936 00:58:08,234 --> 00:58:11,196 only due to nitrogen dioxide. 937 00:58:11,988 --> 00:58:14,908 That's much more than we have 938 00:58:14,991 --> 00:58:19,329 in losses and deaths due to traffic accidents. 939 00:58:21,831 --> 00:58:25,752 I am living in Berlin for almost 20 years now, 940 00:58:25,835 --> 00:58:28,338 and I am living in a zone where it's green. 941 00:58:28,421 --> 00:58:33,718 Lot of trees, parks. There's a lake, there's little traffic. 942 00:58:34,594 --> 00:58:37,138 We did measurements on the road where I live 943 00:58:38,348 --> 00:58:44,687 and those measurements showed that the levels of nitrogen dioxide 944 00:58:44,771 --> 00:58:50,193 are much higher than the average annual limit that is legally allowed. 945 00:58:53,071 --> 00:58:55,490 I wouldn't have ever expected that. 946 00:58:55,573 --> 00:58:57,033 That's really a huge problem. 947 00:58:57,116 --> 00:59:01,663 We think we have an air pollution problem wherever we see many cars 948 00:59:01,746 --> 00:59:04,582 and wherever many cars are driving at the moment. 949 00:59:05,333 --> 00:59:07,585 But the problem of nitrogen dioxide is 950 00:59:07,669 --> 00:59:11,506 that's even there where you do not expect it to be in the cities. 951 00:59:11,589 --> 00:59:15,635 We did measurements in a kindergarten that's very close to where I'm living. 952 00:59:16,761 --> 00:59:21,266 The levels within the kindergarten were above the legal limits. 953 00:59:22,976 --> 00:59:25,728 [Gibney] The German car companies didn't want their customers to know 954 00:59:25,812 --> 00:59:28,189 how harmful were their diesel cars. 955 00:59:28,815 --> 00:59:31,943 VW, in particular, wanted to fight back. 956 00:59:32,026 --> 00:59:34,904 To show the benefits of clean diesel cars, 957 00:59:34,988 --> 00:59:39,659 VW embarked on a plan to do their own tests on human beings. 958 00:59:42,662 --> 00:59:47,500 Step 1: Establish a phony research company called EUGT, 959 00:59:47,584 --> 00:59:53,506 funded by VW, Mercedes and BMW, to study the effects of diesel exhaust. 960 00:59:54,424 --> 00:59:56,509 This secret plan to fool the public 961 00:59:56,593 --> 01:00:00,096 was uncovered by a lawyer representing angry American consumers. 962 01:00:01,556 --> 01:00:07,770 [Melkersen] So, EUGT, the fake nonprofit, pays approximately $730,000 963 01:00:07,854 --> 01:00:12,984 to a company called Lovelace Respiratory Research Institute, LRRI, 964 01:00:13,067 --> 01:00:14,777 to conduct a study. 965 01:00:14,861 --> 01:00:19,115 The purpose of the study, purportedly, was to attempt to show 966 01:00:19,198 --> 01:00:21,576 that the new diesel technology represented 967 01:00:21,659 --> 01:00:25,538 by these Volkswagen TDI Clean Diesel vehicles 968 01:00:25,622 --> 01:00:29,208 was much more environmentally friendly than the old diesel technology. 969 01:00:29,292 --> 01:00:31,961 It would not result in the type of health problems 970 01:00:32,045 --> 01:00:35,340 that diesel exhausts from old diesel technology would create. 971 01:00:35,965 --> 01:00:37,967 And the person that was in charge of that study 972 01:00:38,051 --> 01:00:40,470 was a guy by the name of Dr. Jake McDonald, 973 01:00:40,553 --> 01:00:43,056 whose deposition I just recently took. 974 01:00:43,139 --> 01:00:45,600 Did you ever have any information that 975 01:00:45,683 --> 01:00:50,563 any of the monies that you all received to do the study came from Volkswagen? 976 01:00:51,356 --> 01:00:54,942 I presumed that because Volkswagen was a contributing member of EUGT 977 01:00:55,026 --> 01:00:56,611 that they contributed money to the study. 978 01:00:56,694 --> 01:00:58,154 But I didn't know... 979 01:00:58,237 --> 01:01:04,160 I had no details in terms of who contributed what amount. 980 01:01:04,661 --> 01:01:07,038 All I knew was the contract was with EUGT. 981 01:01:07,121 --> 01:01:11,542 So, the setup happens in Lovelace's laboratory 982 01:01:11,626 --> 01:01:12,919 in Albuquerque, New Mexico. 983 01:01:14,253 --> 01:01:17,465 They procure a dyno to run these cars on. 984 01:01:17,548 --> 01:01:21,719 That dyno was selected by none other than Stuart Johnson, 985 01:01:21,803 --> 01:01:25,640 and personally delivered there to the LRRI facilities. 986 01:01:26,265 --> 01:01:32,522 You had involvement in assisting with this study. 987 01:01:33,815 --> 01:01:34,857 True? 988 01:01:35,566 --> 01:01:37,068 Limited involvement. 989 01:01:37,735 --> 01:01:41,739 [Gibney] Stuart Johnson wasn't the only VW executive involved. 990 01:01:41,823 --> 01:01:44,200 James Liang, a German engineer 991 01:01:44,283 --> 01:01:46,744 who helped with the development of the defeat device, 992 01:01:46,828 --> 01:01:48,996 also helped shape the study. 993 01:01:49,080 --> 01:01:55,461 [Melkersen] James Liang personally delivered a TDI 2013 red Beetle 994 01:01:55,545 --> 01:01:57,630 for purposes of doing this testing. 995 01:01:58,339 --> 01:02:01,300 Volkswagen USA insisted 996 01:02:01,384 --> 01:02:07,306 that James Liang be given real-time access to LRRI's data. 997 01:02:08,516 --> 01:02:13,521 Is it unusual for a manufacturer to require 998 01:02:13,604 --> 01:02:17,650 real-time monitoring of what is happening in your study? 999 01:02:17,734 --> 01:02:19,277 [lawyer] Objection. Vague. 1000 01:02:20,319 --> 01:02:21,654 Calls for speculation. 1001 01:02:24,782 --> 01:02:26,200 Um... 1002 01:02:27,994 --> 01:02:31,414 It's the first time that I've experienced that. 1003 01:02:31,497 --> 01:02:34,375 In your entire career, this has never happened previously? 1004 01:02:34,459 --> 01:02:35,543 Correct. 1005 01:02:35,626 --> 01:02:38,212 That was necessary to ensure 1006 01:02:38,296 --> 01:02:42,425 that these so-called clean diesel vehicles would run in test mode 1007 01:02:42,508 --> 01:02:47,346 and produce the fraudulent emissions for purposes of this fake scientific research. 1008 01:02:48,848 --> 01:02:51,976 What they're doing at the same time is they're attempting to compare 1009 01:02:52,059 --> 01:02:55,563 their so-called new technology with old technology. 1010 01:02:55,646 --> 01:03:01,736 So they are running a 2004 Ford F-250 on the dyno also. 1011 01:03:02,695 --> 01:03:06,199 In the original draft, the original proposal, the study, 1012 01:03:06,282 --> 01:03:10,369 they were actually going to have a human sitting on an exercise bike. 1013 01:03:10,453 --> 01:03:13,498 There's actually a diagram of this in the proposal 1014 01:03:13,581 --> 01:03:16,667 where a human participant would sit riding an exercise bike. 1015 01:03:16,751 --> 01:03:21,756 They would then be exposed to gas directly from the diesel vehicles. 1016 01:03:23,049 --> 01:03:26,886 And then, they would poke and prod that person later to determine, uh, 1017 01:03:26,969 --> 01:03:29,931 what type of health effects 1018 01:03:30,014 --> 01:03:33,935 they would see from this person being gassed. 1019 01:03:34,560 --> 01:03:41,108 Were you involved in discussions about doing this study on humans? 1020 01:03:42,777 --> 01:03:46,614 -Yes. -In retrospect, does that seem... 1021 01:03:47,990 --> 01:03:49,659 ridiculous? 1022 01:03:49,742 --> 01:03:52,829 [lawyer] Objection. Calls for speculation. 1023 01:03:53,663 --> 01:03:56,624 In retrospect, the optics aren't very good. 1024 01:04:01,462 --> 01:04:06,884 Obviously, one cannot help to think back 1025 01:04:06,968 --> 01:04:10,972 throughout history of another series of events 1026 01:04:11,055 --> 01:04:14,433 involving individuals being gassed 1027 01:04:14,517 --> 01:04:19,272 by a person who was actually at the opening 1028 01:04:19,355 --> 01:04:21,399 of the very first Volkswagen factory 1029 01:04:22,066 --> 01:04:26,279 and gave a speech there in connection with that opening. 1030 01:04:30,700 --> 01:04:33,786 Did you recommend against doing this study on humans? 1031 01:04:34,954 --> 01:04:36,664 [clicks tongue] Um... 1032 01:04:38,332 --> 01:04:39,709 I don't recall. 1033 01:04:39,792 --> 01:04:46,382 I know that, um, David Geanacopoulos was involved in the discussion, 1034 01:04:46,465 --> 01:04:48,301 and he didn't like the idea. 1035 01:04:50,845 --> 01:04:55,099 [Gibney] But VW did not abandon the idea of the experiment. 1036 01:04:55,182 --> 01:04:59,020 Someone suggested that the test be performed on NHPs. 1037 01:04:59,103 --> 01:05:01,564 Non-human primates. 1038 01:05:04,150 --> 01:05:05,651 [animal screeching] 1039 01:05:14,493 --> 01:05:15,995 [chittering] 1040 01:05:35,348 --> 01:05:37,183 [Melkersen] They set up tubing 1041 01:05:37,266 --> 01:05:41,312 from the back of the tailpipe up through the ceiling. 1042 01:05:44,231 --> 01:05:47,026 The gas would then come down into the chamber. 1043 01:05:52,782 --> 01:05:55,576 These monkeys have been trained to watch TV, 1044 01:05:55,660 --> 01:05:56,911 and so what they would do 1045 01:05:56,994 --> 01:06:00,081 is they would actually play for them cartoons 1046 01:06:00,164 --> 01:06:02,124 and have them watch cartoons. 1047 01:06:10,383 --> 01:06:14,095 [Melkersen] After they would've been exposed to the TDI Clean Diesel gases, 1048 01:06:14,178 --> 01:06:18,808 they're then subsequently exposing them to the Ford F-250 gases. 1049 01:06:18,891 --> 01:06:20,559 [engine starts] 1050 01:06:22,812 --> 01:06:26,232 The nitrogen oxide and other particles of exhaust 1051 01:06:26,315 --> 01:06:28,609 that would be coming out of this F-250 1052 01:06:28,693 --> 01:06:32,196 are very, very dirty, and very noxious, very harmful. 1053 01:06:33,239 --> 01:06:34,532 [music playing on TV] 1054 01:06:38,285 --> 01:06:40,079 [voice on TV] Wake up! Where's everybody going? 1055 01:06:41,872 --> 01:06:44,458 [Melkersen] The monkey would be exposed to that gas 1056 01:06:44,542 --> 01:06:46,961 for a three- or four-hour period of time, 1057 01:06:47,044 --> 01:06:50,798 after which time they would take the monkey back to a separate facility 1058 01:06:50,881 --> 01:06:53,467 and test it, taking blood samples. 1059 01:06:54,176 --> 01:06:56,470 They would stick a tube down the monkey's throat, 1060 01:06:56,554 --> 01:07:00,057 in order to scrub samples from inside of the monkey's lungs. 1061 01:07:00,141 --> 01:07:01,892 [whimpering] 1062 01:07:11,277 --> 01:07:13,195 [maniacal laughter on TV] 1063 01:07:15,239 --> 01:07:17,074 [Melkersen] Do you know what happened to the monkeys 1064 01:07:17,158 --> 01:07:20,036 after the testing was completed? 1065 01:07:20,536 --> 01:07:24,415 We didn't ship them to Volkswagen, if that's what you're asking. [chuckles] 1066 01:07:24,498 --> 01:07:26,584 [stammering] They... We... 1067 01:07:27,376 --> 01:07:29,253 I don't recall. My... We... 1068 01:07:29,336 --> 01:07:34,842 It was a non-terminal study, so the animals were not euthanized 1069 01:07:34,925 --> 01:07:39,638 to be able to look at any sort of more invasive responses. So... 1070 01:07:39,722 --> 01:07:42,433 [Melkersen] When Dr. McDonald realized 1071 01:07:42,516 --> 01:07:46,604 that these emissions that he tested were, in fact, fraudulent, 1072 01:07:46,687 --> 01:07:51,317 and that he had been duped and set up to be used by Volkswagen as a pawn, 1073 01:07:52,276 --> 01:07:55,362 he said that this report cannot be published. 1074 01:07:58,699 --> 01:08:03,454 You know, there is a concern, obviously, amongst Volkswagen that, 1075 01:08:03,537 --> 01:08:07,708 if a jury were to ever hear about any of this stuff, 1076 01:08:07,792 --> 01:08:11,712 that could really impact the verdict in this case, 1077 01:08:11,796 --> 01:08:15,382 and, in fact, Volkswagen has filed a motion with the court, 1078 01:08:15,466 --> 01:08:19,220 specifically asking the court to exclude any mention of any of this. 1079 01:08:19,303 --> 01:08:20,805 [monkey screeching] 1080 01:08:24,225 --> 01:08:26,227 [Loretta Lynch] Today, the Department of Justice, 1081 01:08:26,310 --> 01:08:28,229 the Environmental Protection Agency 1082 01:08:28,312 --> 01:08:30,648 and the US Customs and Border Protection 1083 01:08:30,731 --> 01:08:33,734 have reached a global resolution with Volkswagen 1084 01:08:33,818 --> 01:08:37,738 that carries both criminal and civil penalties. 1085 01:08:37,822 --> 01:08:42,785 As part of this resolution, Volkswagen is pleading guilty to three felonies. 1086 01:08:42,868 --> 01:08:47,081 Conspiracy to defraud the United States, to commit wire fraud, 1087 01:08:47,164 --> 01:08:50,543 and to violate the Clean Air Act, obstruction of justice, 1088 01:08:50,626 --> 01:08:53,587 and importation of goods by false statements. 1089 01:08:55,673 --> 01:08:59,969 [Gibney] In January 2017, James Liang pled guilty to fraud 1090 01:09:00,052 --> 01:09:02,680 and was sentenced to 40 months in prison. 1091 01:09:02,763 --> 01:09:07,017 Oliver Schmidt was arrested in Miami after a Caribbean vacation, 1092 01:09:07,101 --> 01:09:09,687 just as he was about to board a flight to Germany. 1093 01:09:10,563 --> 01:09:12,690 In August of 2017, 1094 01:09:12,773 --> 01:09:16,110 he pled guilty to conspiracy to defraud the government. 1095 01:09:16,193 --> 01:09:19,572 He was one of six VW executives indicted by the US. 1096 01:09:20,948 --> 01:09:24,451 [Melkersen] Did anybody ever instruct you during this timeframe 1097 01:09:24,535 --> 01:09:26,412 to basically keep your mouth shut? 1098 01:09:26,495 --> 01:09:29,373 [clicks tongue] I don't recall that. 1099 01:09:35,379 --> 01:09:37,214 He said that's not a "no." 1100 01:09:38,299 --> 01:09:39,717 I don't remember. 1101 01:09:39,800 --> 01:09:43,888 [Melkersen] You're aware that Oliver Schmidt recently pled guilty 1102 01:09:43,971 --> 01:09:46,348 to a felony in federal court in Michigan, are you not? 1103 01:09:46,432 --> 01:09:47,933 I'm aware of that. 1104 01:09:48,017 --> 01:09:50,477 [Gibney] As of September 2017, 1105 01:09:50,561 --> 01:09:53,314 Stuart Johnson has not been charged with a crime. 1106 01:09:53,397 --> 01:09:56,192 There are indications that he may be a cooperating witness 1107 01:09:56,275 --> 01:09:58,736 for the ongoing federal investigation. 1108 01:09:59,695 --> 01:10:04,200 Michael Horn resigned from VW in 2016 and returned to Germany. 1109 01:10:05,367 --> 01:10:09,079 Martin Winterkorn remains untouched by the criminal investigation. 1110 01:10:10,956 --> 01:10:12,833 Outside of Germany, other carmakers, 1111 01:10:12,917 --> 01:10:17,838 including GM and Fiat Chrysler, have been accused of using defeat devices. 1112 01:10:17,922 --> 01:10:22,051 But even after all the fines, the criminal charges and the scandals, 1113 01:10:22,134 --> 01:10:26,513 VW realized its dream of becoming the world's largest carmaker. 1114 01:10:28,182 --> 01:10:29,850 [crowd applauding] 1115 01:10:29,934 --> 01:10:33,145 At the same time, with the election of President Trump, 1116 01:10:33,229 --> 01:10:34,396 the federal government declared 1117 01:10:34,480 --> 01:10:36,607 that corporate profits would now be more important 1118 01:10:36,690 --> 01:10:38,609 than protecting the environment. 1119 01:10:39,360 --> 01:10:45,783 In order to fulfill my solemn duty to protect America and its citizens, 1120 01:10:46,867 --> 01:10:49,954 the United States will withdraw 1121 01:10:51,705 --> 01:10:56,210 from the Paris Climate Accord. 1122 01:10:56,293 --> 01:10:57,962 [applause continues] 1123 01:10:59,004 --> 01:11:00,673 [cheering and applause] 1124 01:11:01,507 --> 01:11:02,800 Thank you. 1125 01:11:02,883 --> 01:11:06,178 [Gibney] This announcement made the US, Syria and Nicaragua 1126 01:11:06,262 --> 01:11:09,974 the only three nations on Earth to abandon the effort to prevent global warming. 1127 01:11:12,768 --> 01:11:14,395 The Trump administration has also threatened 1128 01:11:14,478 --> 01:11:17,273 to undermine CARB in California, 1129 01:11:17,356 --> 01:11:20,484 because of CARB's strict air-pollution controls. 1130 01:11:20,818 --> 01:11:22,903 [Ayala] When you look at a state like California, 1131 01:11:22,987 --> 01:11:25,531 we have goals for 2030 and 2050. 1132 01:11:25,614 --> 01:11:27,408 You know, long-term goals. 1133 01:11:27,491 --> 01:11:28,951 We need to start thinking now 1134 01:11:29,034 --> 01:11:31,829 and laying out ideas for how we're gonna get there. 1135 01:11:33,747 --> 01:11:36,417 [Schneiderman] It's hard for people to remember now, New York, 1136 01:11:36,500 --> 01:11:38,002 when the smog problem, caused by NOx... 1137 01:11:38,085 --> 01:11:40,838 It's exactly the stuff that was being emitted from these cars. 1138 01:11:40,921 --> 01:11:43,173 It was really bad back in the '60s and '70s. 1139 01:11:43,257 --> 01:11:47,303 It was a city where people would get sick, people would die from the smog. 1140 01:11:48,512 --> 01:11:52,141 So, this is something we spent decades in the United States trying to clean up. 1141 01:11:52,224 --> 01:11:53,892 We've had great success. 1142 01:11:53,976 --> 01:11:57,313 The American people don't want to undo the regulations. 1143 01:11:57,396 --> 01:11:59,940 State environmental laws are a very important backstop. 1144 01:12:00,024 --> 01:12:02,026 The federalist system was designed 1145 01:12:02,109 --> 01:12:05,696 so that states can fill in if the federal government does not. 1146 01:12:05,779 --> 01:12:09,575 That's why we're pushing so hard on some of these policies, 1147 01:12:09,658 --> 01:12:14,246 because this is really about impacting on people's lives. 1148 01:12:28,510 --> 01:12:30,929 [Gibney] When my wife turned in our car, 1149 01:12:31,013 --> 01:12:34,433 it was sent to an asphalt graveyard for VW's dirty diesels 1150 01:12:34,516 --> 01:12:37,102 in the shadow of the old Detroit Lions stadium. 1151 01:12:38,771 --> 01:12:40,981 From here, according to the company, 1152 01:12:41,065 --> 01:12:44,193 they will either be fixed, recycled or destroyed. 1153 01:12:47,696 --> 01:12:49,323 Every car in the lot represents 1154 01:12:49,406 --> 01:12:52,534 the sum of an economic calculation made by the company 1155 01:12:52,618 --> 01:12:54,411 between risk and reward. 1156 01:12:54,953 --> 01:12:58,499 In that way, VW is not so different from other companies. 1157 01:12:58,582 --> 01:13:01,251 They see themselves as financial abstractions, 1158 01:13:01,335 --> 01:13:06,173 pressured by competition to build models on profit, loss and market share. 1159 01:13:07,049 --> 01:13:09,885 But when many of us think of the lungs of our children, 1160 01:13:09,968 --> 01:13:13,055 scarred by NOx fumes that could have been contained, 1161 01:13:13,138 --> 01:13:16,350 we wonder if the equation is missing an important variable. 1162 01:13:17,351 --> 01:13:21,688 How to balance the cost of a car with the value of a human life? 1163 01:13:35,786 --> 01:13:37,996 [music playing] 110479

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