Current Volkswagen CEO Herbert Diess was told about the existence of emissions cheating software in cars two months before regulators blew the whistle on the multi-billion Dieselgate scandal, according to Der Spiegel, which cited unsealed documents from the Braunschweig prosecutor’s office.

Responding to the report, VW reiterated that the management board had not violated its disclosure duties, and had decided to not inform investors earlier because they had failed to grasp the scope of potential fines and penalties.

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