A New Level of Compliance Officer Concern: Getting Arrested

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Oliver Schmidt is the former top emissions compliance manager for Volkswagen in the United States. The FBI arrested him on Saturday as part of the Volkswagen emissions scandal. He was denied bail, pending a court appearance later this week.

Perhaps, the case is not one of a compliance officer missing a problem, but a compliance officer actively engaged in the wrongdoing. The charges are for conspiracy to :

  1. Defraud the US by impeding the EPA’s function of approving certificates of conformity for vehicles
  2. Commit wire fraud
  3. Violate the Clean Air Act

In this case, it looks like Schmidt was involved in the wrong-doing and the cover-up according to the criminal complaint.

One piece of evidence was that Mr. Schmidt produced a slidedeck regarding the emissions problem. In a meeting with the California Air Resources Board he identified two outcomes: 1- positive, then VW gets approval for 2016 model cars; 2-no explanation for the emission problem=indictment. I’m guessing, he may not have realized that indictment would be aimed at him.

Schmidt was a manager in charge of the Environmental and Engineering Office which is the group in VW that is responsible for communicating and coordinating with regulators. That sounds like a compliance role, but not in the way that most compliance professionals think of the role.

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Author: Doug Cornelius

You can find out more about Doug on the About Doug page

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