• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic

1

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
Volkswagen

Volkswagen Deal Valued At $10.2 Billion

By
Roger Parloff
Roger Parloff
Down Arrow Button Icon
By
Roger Parloff
Roger Parloff
Down Arrow Button Icon
April 21, 2016, 5:06 PM ET
Volkswagen AG Diesel Engines As VW Seeks Way Out Of Scandal Over Manipulation Of Vehicle Emissions
Photo by Miles Willis—Bloomberg via Getty Images
Add Fortune on Google for similar content.

The portion of the tentative deal announced Thursday between Volkswagen Group, the U.S. federal government, and lawyers leading the private class-action litigation in the U.S. against the manufacturer comes to about $10.2 billion, according to a source familiar with the situation.

The “agreement in principle,” announced today by U.S. District Judge Charles Breyer in federal court in San Francisco, would attempt to resolve the company’s liability toward owners of about 480,000 2.0-liter diesel cars, from model years 2009 to 2016, which were equipped with illegal cheat software. The software concealed the fact that, under most real-world driving conditions, the cars emitted illegally high levels of oxides of nitrogen, or NOx, a pollutant that contributes to smog and aggravates or causes respiratory diseases.

The 2.0 liter cars include VW Jettas, Golfs, Passats, and Beetles, and also Audi A3s.

In addition to having been approved by the Department of Justice and the U.S. Federal Trade Commission, the deal has the approval of the California Air Resources Board—a key regulator for auto emissions and a group that played a key role in unearthing VW’s fraud in the first place—and the California Attorney General.

(For more on the Volkswagen scandal, read: Hoaxwagen, Inside VW’s Emissions Testing Scandal)

Although Volkswagen (VLKAY) stock—up about 11% for the week so far—has been climbing on rumors and news of the deal, the company does still face some substantial remaining monetary overhang from unresolved liabilities stemming from the scandal.

To begin with, the agreement—whose details Breyer has ordered to remain confidential for another 60 days, while they are still being hammered out—does not yet encompass the owners of about 85,000 3.0-liter vehicles also affected by the scandal. (These larger cars and SUVs include diesel versions of the VW Touareg, Porsche Cayenne, and Audi A6 Quattro, A7 Quattro, A8, A8L, Q5, and Q7.)

In addition, Judge Breyer said nothing today about the plaintiffs attorneys fees, so the deal presumably does not yet address those.

More important, the deal does not cover Volkswagen’s liability for federal civil fines and penalties.

Nor does it cover any potential federal criminal liability the manufacturer might face. (The Justice Department’s criminal probe continues.)

Finally, Volkswagen also remains exposed to potentially quite substantial civil fines and penalties under the laws of each U.S. state and territory, with the exception of California.

Still, the framework agreement does go a long way to address what Judge Breyer has made clear from the start was his most pressing concern: Many Volkswagen diesels are still out on the road today belching excessive quantities of harmful pollutants.

 

According to Breyer, the tentative deal will offer customers a choice of either a repair or a buyback of their vehicle plus an additional “substantial” monetary award from a compensation fund. (It was a surprise to many that the the 2.0 liter diesels were even capable of being adequately repaired, but the tentative deal, as described by Judge Breyer, suggests that both Volkswagen and regulators believe that they are.)

Though Breyer did not say so, a source close to the situation tells Fortune that, for those who elect to take a buyback, the buyback price would be each vehicle’s pre-scandal fair market value, as determined by some benchmark estimate, like Kelley Blue Book or NADA.

The additional cash sum a customer would receive would likely be between 20% and 40% of the car’s benchmark value, according to a second source.

Those who are currently leasing 2.0-liter diesels would be permitted to cancel their leases, and also receive a cash award.

It is anticipated that the compensation program will be administered by Ken Feinberg, who was retained by Volkswagen last December to eventually play a role like this. (Feinberg administered the September 11 Victim Compensation Fund and the GM ignition switch voluntary settlement program, among others.)

On top of the customer compensation, Breyer said, the deal also contemplates that Volkswagen will set up a fund “to promote green automotive technologies.”

 

Even though the deal does not legally address, satisfy, or nullify any of Volkswagen’s liability to the states, it cannot but have, as a practical matter, a positive, mitigating impact on the company’s exposure there, too. When assessing state penalties or fines, state judges are likely to be more lenient in the face of the company’s ability to argue credibly that it has acted rapidly and in good-faith to satisfy federal regulators and to make its bilked customers whole through Thursday’s settlement.

Judge Breyer instructed the government to set the agreement to writing and file it by June 21, and he scheduled a hearing for July 26. He stressed that all class members and other stakeholders will have an opportunity to voice objections and make suggestions before he will approve it.

The deal’s size was reported earlier in the day by Bloomberg.

 

About the Author
By Roger Parloff
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in

t
AIMarkets
Billionaire Mike Bloomberg warns Trump’s AI ownership plan would make ‘George Orwell blush’
By Eva RoytburgJuly 21, 2026
3 hours ago
Anthea Hartig, Director of the National Museum of American History, looks to her left at a House Committee.
PoliticsWhite House
Smithsonian director derides a White House report branding the museum as ‘woke’
By The Associated Press and Steven SloanJuly 21, 2026
4 hours ago
Cleveland’s WNBA team doesn’t play until 2028 but Progressive just scored jersey sponsorship
SuccessSports
Cleveland’s WNBA team doesn’t play until 2028 but Progressive just scored jersey sponsorship
By Joe Reedy and The Associated PressJuly 21, 2026
4 hours ago
Trump says ‘we’re gonna help’ Lebanon as he moves to restore direct flights after four-decade hiatus
North AmericaDonald Trump
Trump says ‘we’re gonna help’ Lebanon as he moves to restore direct flights after four-decade hiatus
By Kareem Chehayeb and Will WeissertJuly 21, 2026
4 hours ago
U.N. reports Southeast Asia’s criminal networks are using tech to build a global illicit economy
AsiaTech
U.N. reports Southeast Asia’s criminal networks are using tech to build a global illicit economy
By The Associated PressJuly 21, 2026
4 hours ago
An open plain bagel with cream cheese smeared on a plate.
North AmericaImmigration
Seeds, schmear, sesame: How a bagel’s toasted crunch that became a reflection of America’s identity
By The Associated Press and Josh CornfieldJuly 21, 2026
4 hours ago

Most Popular

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
Success
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
By Sasha RogelbergJuly 20, 2026
1 day ago
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
Success
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
By Sydney LakeJuly 20, 2026
1 day ago
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
AI
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
By Jason MaJuly 18, 2026
3 days ago
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
Cybersecurity
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
By Jeremy Kahn and Emily ForliniJuly 21, 2026
5 hours ago
Jamie Dimon won't put more of his own money into the long end of the bond market right now—thanks to the $39 trillion national debt
Economy
Jamie Dimon won't put more of his own money into the long end of the bond market right now—thanks to the $39 trillion national debt
By Eleanor PringleJuly 21, 2026
15 hours ago
Current price of oil as of July 21, 2026
Personal Finance
Current price of oil as of July 21, 2026
By Joseph HostetlerJuly 21, 2026
15 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.