AG HEALEY ANNOUNCES MAJOR AWARD FOR MORE THAN 12,500 MASSACHUSETTS CONSUMERS UNDER SETTLEMENTS WITH VOLKSWAGEN OVER EMISSIONS FRAUDVW Settlements Total $15 Billion, Company Required to Repurchase or Modify Falsely-Marketed Diesel Vehicles, Provide Restitution and Address Environmental Harms; AG Healey Leads Multistate Coalition in Obtaining More than $570 Million for States
BOSTON – In the wake of admissions that Volkswagen installed software to cheat emissions tests performed on its diesel vehicles, Attorney General Maura Healey today announced a multistate settlement requiring Volkswagen to pay more than $570 million for violating state laws prohibiting unfair or deceptive trade practices by marketing, selling and leasing diesel vehicles equipped with illegal and undisclosed defeat device software. This is part of $15 billion in total obligations Volkswagen has to consumers and government.
The multistate agreement is part of a series of state and federal settlements that will provide cash payments to affected consumers, require Volkswagen to buy back or modify certain VW and Audi 2.0-liter diesel vehicles, and prohibit Volkswagen from engaging in future unfair or deceptive acts and practices in connection with its dealings with consumers and regulators.
“Volkswagen’s contempt for the law and fraud on thousands of consumers in Massachusetts and across the country were startling in their scope and brazenness,” AG Healey said. “Today’s settlements mark the beginning of our efforts to hold Volkswagen accountable for the harm it caused, with a robust consumer compensation program, critical funding for environmental mitigation projects, and a serious civil penalty for Volkswagen’s widespread false advertising of so-called clean diesel.”
Today’s coordinated settlements resolve consumer protection claims raised by a multistate coalition co-led by AG Healey and attorneys general in Connecticut, New York, Oregon, Tennessee, and Washington, and joined by 37other states against Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc., Porsche AG and Porsche Cars, North America, Inc. – collectively referred to as Volkswagen. They also resolve actions against Volkswagen broughtby the United States Environmental Protection Agency (EPA) and Department of Justice (DOJ), the Federal Trade Commission (FTC), California and car owners in private class action suits.
The attorneys generals’ investigation confirmed that Volkswagen sold more than 570,000 2.0- and 3.0-liter diesel vehicles in the United States equipped with “defeat device” software intended to circumvent applicable emissions standards for certain air pollutants, and actively concealed the existence of the defeat device from regulators and the public. Volkswagen made false statements to consumers in their marketing and advertising, misrepresenting the cars as environmentally friendly or “green” and that the cars were compliant with federal and state emissions standards, when, in fact, Volkswagen knew the vehicles emitted harmful nitrogen oxides (NOx) at rates many times higher than the law permitted.
Under the settlements, Volkswagen is required to implement a restitution and recall program for more than 475,000 owners and lessees of 2.0-liter diesel vehicles, of the model year 2009 through 2015 at a maximum cost of just over $10 billion. This includes more than 12,500 vehicles registered in Massachusetts.
Once the consumer program is approved by the court, affected Volkswagen owners will receive restitution payment ranging from at least $5,100 to a potential maximum of $10,000 and a choice between:
· A buy back of the vehicle (based on their value in September 2015 before the emissions-cheating scandal was disclosed); or
· A modification to the vehicle developed by Volkswagen to reduce NOxemissions that is acceptable to regulators. Owners will still be eligible to choose a buyback in the event regulators do not approve an appropriate modification. Owners who choose the modification option would also receive an Extended Emission Warranty and a Lemon Law-type remedy to protect against the possibility that the modification causes subsequent problems.
The consumer program also provides benefits and restitution for lessees (restitution and a no-penalty lease termination option) and prior owners who sold their Volkswagen (50 percent of the restitution available to owners). Additional components of today’s settlements include:
· Environmental Mitigation Fund: Volkswagen will pay $2.7 billion into a trust to support environmental programs throughout the country to reduce emissions of NOx. This fund, also subject to court approval, is intended to mitigate the total, lifetime excess NOx emissions from the 2.0-liter diesel vehicles identified below. Under the terms of the mitigation trust, Massachusetts is eligible to receive nearly $70 million to fund eligible mitigation projects.
· Additional Payment to the States: In addition to consumer restitution, Volkswagen will pay to the states more than $1,000 per car for repeated violations of state consumer protection laws, amounting to more than $570 million nationwide. This amount includes more than $20 million for Massachusetts.
· Zero Emission Vehicles: Volkswagen has committed to investing $2 billion over the next 10 years for the development of non-polluting cars, or Zero Emission Vehicles (ZEV), and supporting infrastructure.
· Preservation of Environmental Claims: Today’s settlement by state attorneys general preserves all claims under state environmental laws, and Massachusetts maintains the right to seek additional penalties from Volkswagen for its violations of environmental and emissions testing laws and regulations.
Volkswagen will also pay $20 million to the states for their costs in investigating this matter and to establish a fund that state attorneys general can utilize for future training and initiatives, including investigations concerning emissions violations, automobile compliance, and consumer protection.
Since the Volkswagen defeat device scandal was disclosed in September 2015, a group of state attorneys general has conducted a detailed investigation into Volkswagen’s wrongdoing. That multistate investigation was led for Massachusetts by Gillian Feiner, Chief of AG Healey’s False Claims Division, First Assistant Attorney General Christopher Barry-Smith, Christophe Courchesne, Chief of AG Healey’s Environmental Protection Division, Peter Mulcahy, Assistant Attorney General in AG Healey’s Environmental Protection Division, and former Assistant Attorney General Fred Augenstern of Environmental Protection Division, with critical assistance from Assistant Attorneys General Diane Barry and Gary Klein, along with Attorney Meghan Mackenzie, and Paralegal Krista Roche.
“沖天”一片由劉兆玄擔任會長的中華文化總會與CNEX視納華仁文化傳播公司合作，由導演張劍雄，製片沈如雲團隊費時一年半，耗資1800多萬元完成，藉訪談片中主要人物親屬得來的第一手資料，從女性角度出發，所鋪陳的大時代中悲壯故事。
駐波士頓台北經文處處長賴銘琪透露，去年是抗日戰爭70週年，各種相關活動很多，住在華府，高齡已90多的老空軍將陳鴻銓，為代表所有殉職同袍，特地趕回台灣。他很感慨的指出，那些當年都才20幾歲的飛官，在國家最危難的時候，奮不顧身，視死如歸，幾乎都在“沖天”後與人間永別，如果沒有這紀錄片，他們的壯烈事蹟，感人故事，恐怕早被人們遺忘了。
“沖天”一片這趟來北美六個城市巡演，行程中原本不包括波士頓。賴銘琪表示，他從曾任空軍官校校長的田在勵處獲悉此事，極力推動，找來紐英崙中華專業人員協會董事長王世輝鞋助，邀得新英格蘭大波士頓台灣商會，成大校友會，北一女校友會，榮光聯誼會，波士頓國民黨部，台灣同鄉聯誼會，以及華僑文教中心，玉山科技協會，客家鄉親聯誼會等共10個社團合作，才促成“沖天”來到波士頓。
賴銘琪在致詞時還背頌出了中華民國抗日八年期間的戰役次數，死亡人數，包括大型會戰22次，重要戰鬥1100次，小型戰鬥超過39,000次。死亡官兵超過320萬，其中的268位將軍，有7位上將，56位中將，205位少將，死亡的平民百姓，更超過2000萬等這些數據。他表示，老兵不死是因為有後人傳頌。
沈如雲指出，“沖天”一片是2015年8月在中山堂首映的一部電影，由中華文化總會贊助，其後在台灣各地電影巡演。這趟來北美，6/18日起在舊金山，洛杉磯，亞特蘭大，華府，波士頓，紐約等地放映，既是因應僑胞要求，也多虧空軍官校前校長田在勵，外交部，以及北美各地空軍子弟小學校友會，大鵬校友會等的支持。
“沖天”一片導演張劍雄表示，他在拍這部片初期，設定了幾個方向，包括要從女性角度著手，要用來自片中主要人物親近者的第一手回憶，描述。他認為這部片其實不只是講空軍的故事，而是讓人看到八年抗戰過程，尤其是希望年輕人能從這90分鐘中，看到這8年到底發生過什麼事，了解他們已經不知道的歷史。
