2024-04-05 sec-litreleases litigation_release 64 KB 2,101 chars

SEC v. Volkswagen Group of America Finance, LLC; Volkswagen AG; Martin Winterkorn; and VW Credit, Inc., No. LR-25969, Northern District of California (Apr. 5, 2024) — Press Release

raw: Volkswagen Aktiengesellschaft, et al.

Volkswagen Aktiengesellschaft, et al., No. LR-25969 (Apr. 5, 2024)

Caption
SEC v. Volkswagen Group of America Finance, LLC, et al.
summary

The SEC obtained a final judgment against Volkswagen Group of America Finance, LLC for misleading investors during $8 billion in bond offerings related to the 'Clean Diesel' emissions fraud.

paragraph

Volkswagen Group of America Finance, LLC (VWGOAF) consented to a final judgment for making false statements regarding vehicle quality and environmental compliance during 2014 and 2015 bond issuances. The company is ordered to pay $34.35 million in disgorgement and $14.4 million in prejudgment interest. The judgment also includes a permanent injunction against violating antifraud provisions of the Securities Act and the Exchange Act.

narrative

The SEC has obtained a final judgment by consent against Volkswagen Group of America Finance, LLC (VWGOAF) regarding its role in the 'Clean Diesel' emissions scandal. Between April 2014 and May 2015, VWGOAF issued over $8 billion in corporate bonds while executives were aware that 500,000 U.S. vehicles exceeded legal emissions limits. The SEC alleged that the subsidiary made false and misleading statements to investors and underwriters concerning environmental compliance and financial standing. Without admitting or denying the allegations, VWGOAF agreed to pay $34.35 million in disgorgement and $14.4 million in prejudgment interest. The settlement also imposes a permanent injunction against future violations of antifraud provisions under the Securities Act of 1933 and the Exchange Act of 1934. Following this judgment, the SEC dismissed its remaining claims against Volkswagen AG and former CEO Martin Winterkorn, effectively resolving the agency's case against Volkswagen in its entirety.

Enriched metadata

Scheme
corporate-fraud (95%)
Court
Northern District of California
Outcome
settled
Disgorgement
$14,400,000
Victim loss
$8,000,000,000
Entity
Volkswagen Group of America Finance, LLC
Ticker
VWAGY
Classified corporate-fraud(confidence 95%). EDGAR detection: forms 10-K/10-Q/8-K· recall 56% / precision 8%. detection rule →
Parties
Securities and Exchange CommissionVolkswagen Group of America Finance, LLCVolkswagen AGMartin WinterkornVW Credit, Inc.
Keywords
volkswagensecurities exchangesecvwgoafvolkswagen aktiengesellschaftexchange commissionagainst volkswagensecuritiesfinalagainstexchangeapril securitiesfinancing subsidiaryvolkswagen groupgroup america

Extracted insights

Dollar amounts 3
  • $8.00B $8 billion ≥$1B
  • $34.35M $34.35 million $10M–$100M
  • $14.40M $14.4 million $10M–$100M
Entities 5
  • person final judgment
  • company final judgment against volkswagen group of america finance, llc
  • agency Securities and Exchange Commission
  • person senior volkswagen executives
  • company volkswagen group of america finance, llc
Triples 11
  • Securities And Exchange Commission obtained final judgment against Volkswagen Group Of America Finance, LLC
  • Securities And Exchange Commission charged Volkswagen Group Of America Finance, LLC with making false and misleading statements
  • Volkswagen Group Of America Finance, LLC issued more than $8 billion in bonds
  • senior Volkswagen executives knew that more than 500,000 vehicles grossly exceeded legal vehicle emissions limits
  • Volkswagen Group Of America Finance, LLC made false and misleading statements to investors and underwriters
  • Volkswagen Group Of America Finance, LLC consented to entry of a final judgment
  • final judgment orders Volkswagen Group Of America Finance, LLC to pay $34.35 million in disgorgement
  • final judgment orders Volkswagen Group Of America Finance, LLC to pay $14.4 million in prejudgment interest
  • Securities And Exchange Commission dismissed outstanding claims against Volkswagen AG
  • Securities And Exchange Commission dismissed outstanding claims against Martin Winterkorn
  • Court dismissed Securities And Exchange Commission’s claims against VW Credit, Inc.
View original SEC litigation releasesec.gov
Extracted body text (2,101c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25969 / April 5, 2024 Securities and Exchange Commission v. Volkswagen Aktiengesellschaft, et al., No. 19-cv-1391 (N.D. Cal. filed Mar. 14, 2019) SEC Obtains Final Judgment Against Volkswagen Financing Subsidiary in Connection With “Clean Diesel” Emissions Fraud On April 3, 2024, the Securities and Exchange Commission obtained final judgment by consent against defendant Volkswagen Group of America Finance, LLC (“VWGOAF”), which the SEC had charged in 2019 with making false and misleading statements in connection with its 2014 and 2015 offerings of billions of dollars of corporate bonds. VWGOAF is the financing subsidiary of Volkswagen Group of America, Inc. The SEC’s complaint, filed on March 14, 2019, alleges, among other things, that from April 2014 to May 2015, VWGOAF issued more than $8 billion in bonds in the U.S. markets at a time when senior Volkswagen executives knew that more than 500,000 of their vehicles in the United States grossly exceeded legal vehicle emissions limits, exposing the company to massive financial and reputational harm. The complaint alleges that VWGOAF made false and misleading statements to investors and underwriters about vehicle quality, environmental compliance, and Volkswagen’s financial standing. VWGOAF, without admitting or denying the SEC’s allegations, consented to the entry of a final judgment permanently enjoining it from violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The final judgment orders VWGOAF to pay $34.35 million in disgorgement and $14.4 million in prejudgment interest. Following the entry of the final judgment, the SEC dismissed its outstanding claims against VWGOAF’s ultimate parent company, Volkswagen AG, and Volkswagen AG’s former CEO, Martin Winterkorn. The Court had previously dismissed the SEC’s claims against VW Credit, Inc. on August 20, 2020. The above actions have resolved the SEC’s case against Volkswagen in its entirety.
OCR text (2,101c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25969 / April 5, 2024 Securities and Exchange Commission v. Volkswagen Aktiengesellschaft, et al., No. 19-cv-1391 (N.D. Cal. filed Mar. 14, 2019) SEC Obtains Final Judgment Against Volkswagen Financing Subsidiary in Connection With “Clean Diesel” Emissions Fraud On April 3, 2024, the Securities and Exchange Commission obtained final judgment by consent against defendant Volkswagen Group of America Finance, LLC (“VWGOAF”), which the SEC had charged in 2019 with making false and misleading statements in connection with its 2014 and 2015 offerings of billions of dollars of corporate bonds. VWGOAF is the financing subsidiary of Volkswagen Group of America, Inc. The SEC’s complaint, filed on March 14, 2019, alleges, among other things, that from April 2014 to May 2015, VWGOAF issued more than $8 billion in bonds in the U.S. markets at a time when senior Volkswagen executives knew that more than 500,000 of their vehicles in the United States grossly exceeded legal vehicle emissions limits, exposing the company to massive financial and reputational harm. The complaint alleges that VWGOAF made false and misleading statements to investors and underwriters about vehicle quality, environmental compliance, and Volkswagen’s financial standing. VWGOAF, without admitting or denying the SEC’s allegations, consented to the entry of a final judgment permanently enjoining it from violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The final judgment orders VWGOAF to pay $34.35 million in disgorgement and $14.4 million in prejudgment interest. Following the entry of the final judgment, the SEC dismissed its outstanding claims against VWGOAF’s ultimate parent company, Volkswagen AG, and Volkswagen AG’s former CEO, Martin Winterkorn. The Court had previously dismissed the SEC’s claims against VW Credit, Inc. on August 20, 2020. The above actions have resolved the SEC’s case against Volkswagen in its entirety.