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Presumably VW had a project (either in-house, or through one of their tier-1 suppliers) to develop this technology. A crime was committed, so who is criminally

Presumably VW had a project (either in-house, or through one of their tier-1 suppliers) to develop this technology. A crime was committed, so who is criminally liable? The sales-people who agreed the deal? The project manager who was given the project to manage? The release manager who signed-off the release? The systems test manager who tested the vehicle? How about all the software developers and other engineers who were assigned to work on the project? I'd particularly like to know what people think the extent of criminal liability for individual software developers in the automotive industry is and should be?

dbot 11y ago
Convicting someone of a crime requires proving all of the elements. Most crimes require a culpable state of mind (or mens rea). So the issue would be whether an individual has the requisite mens rea (recklessly, knowingly, etc.) These are very fact-intensive inquiries. Having worked in the antitrust world, I saw lots of cases where mid-level managers and employees were engaged in anticompetitive conduct. The fact that their bosses demanded that behavior as part of their job function didn't absolve criminal liability.
- w_t_payne 11y ago
  What would the appropriate actions on the part of those mid-level managers and employees have been to avoid criminal liability?
  - dbot 11y ago
    Refuse to participate in the scheme. Yes, it is possible (or likely) that you will be fired. But going to federal prison is a very real possibility. I visited several witnesses in prison. They are "normal" guys - the kind you see standing on the sideline of a kids' soccer game. They have kids, two car payments, a mortgage, etc. It's a tough situation to walk away from (especially because the crime is often just a phone call or a few emails with a competitor). Keeping a conspiracy going year after year is difficult. There is "cheating" by conspirators, turnover of personnel, etc. The DOJ also has an immunity program that protects whistleblowers from criminal liability (and sometimes the company from treble damage civil liability). The immunity program makes it much more likely that someone quits the conspiracy and turns themselves in. So while losing your job sucks, if your company is violating federal antitrust law, chances are your job is not secure or desirable anyways.

dbot 11y ago

Convicting someone of a crime requires proving all of the elements. Most crimes require a culpable state of mind (or mens rea). So the issue would be whether an individual has the requisite mens rea (recklessly, knowingly, etc.) These are very fact-intensive inquiries. Having worked in the antitrust world, I saw lots of cases where mid-level managers and employees were engaged in anticompetitive conduct. The fact that their bosses demanded that behavior as part of their job function didn't absolve criminal liability.

w_t_payne 11y ago
What would the appropriate actions on the part of those mid-level managers and employees have been to avoid criminal liability?
- dbot 11y ago
  Refuse to participate in the scheme. Yes, it is possible (or likely) that you will be fired. But going to federal prison is a very real possibility. I visited several witnesses in prison. They are "normal" guys - the kind you see standing on the sideline of a kids' soccer game. They have kids, two car payments, a mortgage, etc. It's a tough situation to walk away from (especially because the crime is often just a phone call or a few emails with a competitor). Keeping a conspiracy going year after year is difficult. There is "cheating" by conspirators, turnover of personnel, etc. The DOJ also has an immunity program that protects whistleblowers from criminal liability (and sometimes the company from treble damage civil liability). The immunity program makes it much more likely that someone quits the conspiracy and turns themselves in. So while losing your job sucks, if your company is violating federal antitrust law, chances are your job is not secure or desirable anyways.