Prosecutors may use files seized last year during a raid on Jones Day, the US law firm Volkswagen used to investigate its emissions scandal, a German federal court ruled on Friday (6 July).
Reuters noted that, soon after the dieselgate scandal broke in September 2015, VW hired Jones Day and advisory firm Deloitte to investigate the circumstances of its wrongdoing and who was responsible.
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In March 2017, prosecutors searched the Munich offices of Jones Day in connection with a fraud probe related to Audi three-litre diesel engines.
VW had fought the use of any files taken in the raid, and the constitutional court last July issued a temporary order blocking Munich prosecutors from assessing the material.
Reuters said the court on Friday dismissed the automaker's legal challenge and said the seizure of the Jones Day documents did not infringe on VW's right to a fair legal process.
The automaker said in a statement: "Volkswagen AG welcomes the fact that the federal constitutional court decision has now provided clarity with regard to the outstanding legal issues, even though the court did not share Volkswagen AG's understanding of the law."
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By GlobalDataIt added the group would "continue to cooperate with the federal authorities, giving due consideration to the decision of the [court]".
Reuters noted VW had never published the findings of the Jones Day investigation, although a summary was compiled in the form of a "statement of facts" for the US Department of Justice.
It said Jones Day found wrongdoing by certain high level VW employees but exonerated members of the management board, and VW used the findings to negotiate a US$4.3bn settlement with US authorities.
VW had said development of illegal software, also known as "defeat devices", was the work of low-level employees, and that no management board members were involved.
US prosecutors challenged this by indicting former VW CEO Martin Winterkorn while, last month, Munich prosecutors arrested Audi CEO Rupert Stadler, though he has not yet been charged with any crime.
