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Drunk_Engineer | 9 months ago

The headline says "execs" but I don't see any Board members getting prison terms. Martin Winterkorn, the CEO, has basically escaped prosecution altogether.

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teruakohatu|9 months ago

It would be unlikely (not impossible) that board members would be briefed about ongoing criminal behaviour, and certainly not something so deep into operations as how the ECU is being programmed.

Can a board member be reasonably responsible for the actions of tens of thousands of employees if they have not explicitly enabled or condoned criminal behaviour?

The person that would benefit the most would be a senior executive who stands to gain a promotion, bonus or land an even better job elsewhere.

A former prime minister of my country was fined over $6 million for being on the board of a company what traded while insolvent. Not a prison sentence but a harsh penalty for someone that was not super rich (as far as I am aware).

NunoSempere|9 months ago

> Can a board member be reasonably responsible for the actions of tens of thousands of employees if they have not explicitly enabled or condoned criminal behaviour?

Not sure what the answer is, but if the answer is yes, then that incentivizes them to build the oversight and reporting capabilities to be able to steer away from crime, and to hire noncriminal subordinates &c.

One way this could look in practice is board members having to post a large bond that gets taken away if the commpany is found to commit crimes during their tenure.

Anecdotically, the Real Madrid requires a large bond (57M) posted by the president. http://news.bbc.co.uk/sport1/hi/football/europe/8076515.stm

triceratops|9 months ago

They should at least be barred from being board members for a certain period of time.

constantcrying|9 months ago

>but I don't see any Board members getting prison terms.

The head of development, a board member, got a suspended sentence.

>Martin Winterkorn, the CEO, has basically escaped prosecution altogether.

How so?

Drunk_Engineer|9 months ago

Suspended sentence…not prison.

Winterkorn has spent the past decade getting various postponements in his trial. Now that he is approaching 80 it is unlikely he will suffer any serious punishment.