According to The New York Times, a Volkswagen executive has been arrested and charged by the FBI for conspiracy to defraud the United States. The executive under arrest is Oliver Schmidt, who ran VW's US regulatory compliance department. The publication expects he will face charges in court in Detroit and reports he tried to cover up the cheat device by saying there was a technical problem with testing.

Volkswagen did not comment to the The New York Times except to say they were cooperating with the Department of Justice. If Schmidt is found guilty, he could face up to five years in prison or a fine. Another VW employee, an engineer, pleaded guilty to the same charge last September, as well as conspiracy to commit wire fraud and violate the Clean Air Act. His sentence came with a $250,000 fine and up to five years in prison.

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