Ex-Toyota attorney's info subpoena-ed by Congress
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Ex-Toyota attorney's info subpoena-ed by Congress
Read this article from Detroit News:
http://www.detnews.com/article/20100...efore+Congress
And pay attention to this part:
YES!!!!
And they should bring in the female inspector from NUMMI as well and listen to what she has to say.
http://www.detnews.com/article/20100...efore+Congress
And pay attention to this part:
Towns and ranking member Rep. Darrell Issa, R-Calif., also issued a subpoena today for "all documents relating to Toyota motor vehicle safety and Toyota's handling of alleged motor vehicle defects and related litigation" in the possession of Dimitrios Biller, who was the National Managing Counsel for Toyota's American operation from 2003-07.
"The only way we can ensure that the safety needs of American drivers are being met is to examine, in a bipartisan fashion, exactly who knew what and when, and if appropriate and immediate action was taken to mitigate any danger to the American public," the pair said in a statement.
Biller has accused Toyota of hiding "evidence of safety defects from consumers and regulators, and fostered a culture of hypocrisy and deceit," the committee said.
Biller has claimed that his accusations are verifiable, based on documents in his possession.
Toyota had filed an injunction preventing Biller from disclosing those documents; the committee said its subpoena supersedes the injunction and Biller plans to fully cooperate with the subpoena.
"The only way we can ensure that the safety needs of American drivers are being met is to examine, in a bipartisan fashion, exactly who knew what and when, and if appropriate and immediate action was taken to mitigate any danger to the American public," the pair said in a statement.
Biller has accused Toyota of hiding "evidence of safety defects from consumers and regulators, and fostered a culture of hypocrisy and deceit," the committee said.
Biller has claimed that his accusations are verifiable, based on documents in his possession.
Toyota had filed an injunction preventing Biller from disclosing those documents; the committee said its subpoena supersedes the injunction and Biller plans to fully cooperate with the subpoena.
YES!!!!
And they should bring in the female inspector from NUMMI as well and listen to what she has to say.
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I will say I think the government is making a bit of a media frenzy & farce on the whole Toyota thing. Period. Anyone who says otherwise has their heads in the sand. I am not saying Toyota doesn't deserve investigation - but it shouldn't have been blown out of proportion so early in the government's efforts.
BUT, after accusations, claims of crappy designs, claims of neglecting rollover safety (then independant testing revealing Toyota's latest products really WERE bad in rollovers with physical testing) and their [Toyota's] additude in response to these issues (like putting 200lb on a work-truck tailgate is "owner abuse"...) has been poor the whole way.
This is a farce, but there is more to it. A lot more. The issue isn't the gas pedal, or the frame rot, or the crummy tailgate, or the poor performance, bad steering, bad brake response, OR software. All of those issues are merely symptoms of what Toyota decided to sacrifice (very sadly, in my opinion) in terms of quality, engineering, design, passion, and even the souls of their vehicles (many times in recent years) in order to get the #1 spot.
BUT, after accusations, claims of crappy designs, claims of neglecting rollover safety (then independant testing revealing Toyota's latest products really WERE bad in rollovers with physical testing) and their [Toyota's] additude in response to these issues (like putting 200lb on a work-truck tailgate is "owner abuse"...) has been poor the whole way.
This is a farce, but there is more to it. A lot more. The issue isn't the gas pedal, or the frame rot, or the crummy tailgate, or the poor performance, bad steering, bad brake response, OR software. All of those issues are merely symptoms of what Toyota decided to sacrifice (very sadly, in my opinion) in terms of quality, engineering, design, passion, and even the souls of their vehicles (many times in recent years) in order to get the #1 spot.
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From: Ontario
I'm not really up on the legalities of all this, but can the government just decide to subpoena all these documents basically on a fishing expedition? If they find stuff not directly related to the matters at hand, is it still usable?
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Joined: Mar 2007
Posts: 1,897
From: Greenville, SC
I just watched a show on Discovery about the Titanic, and the US Government subpoenaed the owner of the White Star Line, because he survived the sinking, and his crew, who were all planning to hop onto another boat headed to England as soon as the Carpathia landed in NY. JFK, Watergate, Clinton, Weapons of Mass Destruction... our Government likes to investigate stuff. Apparently they can do whatever they want?
As for Toyota... ruh roh raggie (from Scooby Doo)
As for Toyota... ruh roh raggie (from Scooby Doo)
Last edited by Silverado C-10; Feb 18, 2010 at 08:59 PM.
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From: Cheektowaga, NY (Buffalo)
How do you see it as a fishing expedition? It sounds like they spelled out pretty specific topics for which they are demanding records. It sounds to me like the subpoena does overrule the injunction that Toyota had placed on the lawyer (which I'm pretty sure was obtained by Toyota invoking attourney-client privilege).
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Joined: Jun 2000
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From: SoCal
I will say I think the government is making a bit of a media frenzy & farce on the whole Toyota thing. Period. Anyone who says otherwise has their heads in the sand. I am not saying Toyota doesn't deserve investigation - but it shouldn't have been blown out of proportion so early in the government's efforts.
Secondly you even agree that Toyota deserves to be investigated.
Lastly, the government didn’t go to the media and tell them to run this story. 8 million recalled vehicles from the worlds largest automaker when they didn’t really have a fix on hand was enough to get front page news. Since then it’s been Toyota’s fault for staying there. There is a lot of substance to this story and it’s popular. On top of that Toyota has been less than forthcoming and then there is the whole NHTSA side and it being a government agency just opened the flood gates to the media and more government oversight.
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Joined: Nov 2000
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From: Ontario
How do you see it as a fishing expedition? It sounds like they spelled out pretty specific topics for which they are demanding records. It sounds to me like the subpoena does overrule the injunction that Toyota had placed on the lawyer (which I'm pretty sure was obtained by Toyota invoking attourney-client privilege).
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From: Southern Indiana
The hearings are related to the 8 million vehicles being recalled, but they're subpoenaing "all documents relating to Toyota motor vehicle safety and Toyota's handling of alleged motor vehicle defects and related litigation". In other words, fishing for other potential issues.
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From: Ontario
Back to the topic at hand, every automaker has had safety recalls, and every automaker has tried to varying degrees to prevent them from getting out ... does that mean you'd support allowing the government to subpoena all of their records too? Or are we just picking on Toyota here?
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Joined: Nov 2001
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From: Payson, AZ USA
I think a portion of the reaction from the government, is in response to the egg that the NHTSA has on its face, over the whole ordeal. Thus, the government feels that they have to go overboard, to make up for the lax attention it had received, previously.
After this witch hunt, maybe they should look very carefully at the NHTSA, and how they conduct business. It has become obvious, that they can be swayed pretty easily.
That said, it is Toyotas turn to be in the hot seat. Every manufacturer seems to get it at one point or another. Toyota has skirted the rules, and played the game, very well. However, at some point you get caught. If they just would have come clean in the beginning, and admitted to problems, there wouldn't be this big to do. Now, they are beyond the point of saving their reputation, and just need to work on damage control.
Actually looking like they cared about peoples lives, would be a good start.
After this witch hunt, maybe they should look very carefully at the NHTSA, and how they conduct business. It has become obvious, that they can be swayed pretty easily.
That said, it is Toyotas turn to be in the hot seat. Every manufacturer seems to get it at one point or another. Toyota has skirted the rules, and played the game, very well. However, at some point you get caught. If they just would have come clean in the beginning, and admitted to problems, there wouldn't be this big to do. Now, they are beyond the point of saving their reputation, and just need to work on damage control.
Actually looking like they cared about peoples lives, would be a good start.
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Joined: Oct 2006
Posts: 654
From: Snow Belt, PA
No, but I do believe in due process. It's like if a cop pulls you over for speeding, he has no right to search your trunk unless he has probable cause to do so. That fact that you're guilty of one offence does not allow him to go fishing for other possible offences. I really don't think you want to start down these slippery slopes unless you enjoy gradually giving up your rights.
Back to the topic at hand, every automaker has had safety recalls, and every automaker has tried to varying degrees to prevent them from getting out ... does that mean you'd support allowing the government to subpoena all of their records too? Or are we just picking on Toyota here?
Back to the topic at hand, every automaker has had safety recalls, and every automaker has tried to varying degrees to prevent them from getting out ... does that mean you'd support allowing the government to subpoena all of their records too? Or are we just picking on Toyota here?
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More from today's Automotive News.
WASHINGTON -- A House panel today subpoenaed confidential internal documents that a former Toyota Motor Corp. lawyer has said show that the automaker destroyed legal evidence about SUV rollover accidents.
The House Oversight Committee issued the subpoena as part of its investigation into Toyota's problems with unintended acceleration. It has scheduled a Feb. 24 hearing at which Toyota President Akio Toyoda agreed today to testify.
The subpoena was issued to former Toyota lawyer Dimitrios Biller, who worked at Toyota's North American headquarters in Torrance, Calif., managing rollover cases from 2003 to 2007.
A week ago, Toyota won a temporary injunction from a court-appointed arbitrator that barred Biller from releasing the documents.
Biller's attorney, Jeffrey Allen of Santa Monica, Calif., said he intends to comply with the subpoena and ship the documents to the House committee by the required deadline of Feb. 23, the day before the hearing.
Both the committee and Allen said that the congressional subpoena trumps the partial preliminary injunction issued by the court-appointed arbitrator.
“The injunction doesn't prevent Mr. Biller from complying with his legal obligations,” Allen said in an interview.
Biller has about 6,000 Toyota documents in four, 18-inch bank boxes, Allen said. He declined to say who has possession of the documents or where they are located.
Undecided
A Toyota spokeswoman didn't say whether the company intends to go to court to try to block the congressional subpoena.
Allen said he contacted Toyota's lawyers today and sent them a copy of the subpoena.
Biller was sued by Toyota for allegedly divulging confidential information after he left the company. The company is seeking $33.5 million in damages, Allen said.
Biller, who is in his late 40s, then filed a racketeering suit alleging Toyota destroyed engineering and testing evidence related to more than 300 rollover suits.
“There is clear evidence that Toyota was withholding and destroying documents necessary in litigation and necessary to present to” the National Highway Traffic Safety Administration, Allen said.
In a recent interview with ABC News, Biller said, “You have to understand that Toyota in Japan does not have any respect for our legal system … they did not have any respect for our laws.”
While Biller still worked for Toyota, he spent four days in Japan trying to bring his concerns to the attention of senior headquarters executives, Allen said.
Biller was rebuffed and driven to resign, the lawyer said. He received a severance package.
While Toyota succeeded in preventing Biller from going public with the confidential documents, the arbitrator did not require him to return the documents or provide an inventory of which ones he had, Allen said.
The House Oversight Committee issued the subpoena as part of its investigation into Toyota's problems with unintended acceleration. It has scheduled a Feb. 24 hearing at which Toyota President Akio Toyoda agreed today to testify.
The subpoena was issued to former Toyota lawyer Dimitrios Biller, who worked at Toyota's North American headquarters in Torrance, Calif., managing rollover cases from 2003 to 2007.
A week ago, Toyota won a temporary injunction from a court-appointed arbitrator that barred Biller from releasing the documents.
Biller's attorney, Jeffrey Allen of Santa Monica, Calif., said he intends to comply with the subpoena and ship the documents to the House committee by the required deadline of Feb. 23, the day before the hearing.
Both the committee and Allen said that the congressional subpoena trumps the partial preliminary injunction issued by the court-appointed arbitrator.
“The injunction doesn't prevent Mr. Biller from complying with his legal obligations,” Allen said in an interview.
Biller has about 6,000 Toyota documents in four, 18-inch bank boxes, Allen said. He declined to say who has possession of the documents or where they are located.
Undecided
A Toyota spokeswoman didn't say whether the company intends to go to court to try to block the congressional subpoena.
Allen said he contacted Toyota's lawyers today and sent them a copy of the subpoena.
Biller was sued by Toyota for allegedly divulging confidential information after he left the company. The company is seeking $33.5 million in damages, Allen said.
Biller, who is in his late 40s, then filed a racketeering suit alleging Toyota destroyed engineering and testing evidence related to more than 300 rollover suits.
“There is clear evidence that Toyota was withholding and destroying documents necessary in litigation and necessary to present to” the National Highway Traffic Safety Administration, Allen said.
In a recent interview with ABC News, Biller said, “You have to understand that Toyota in Japan does not have any respect for our legal system … they did not have any respect for our laws.”
While Biller still worked for Toyota, he spent four days in Japan trying to bring his concerns to the attention of senior headquarters executives, Allen said.
Biller was rebuffed and driven to resign, the lawyer said. He received a severance package.
While Toyota succeeded in preventing Biller from going public with the confidential documents, the arbitrator did not require him to return the documents or provide an inventory of which ones he had, Allen said.
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Posts: 654
From: Snow Belt, PA
I'm loving this. For so long so many people where always saying "it's a toyota, of course it's great!" when it was clear that their cars were no better than anyone else's. They don't lead in fuel economy, they don't lead in crash testing, but they're #1 in recalls, they don't lead in performance, and as a whole they do not lead in reliability. If they truly made statements about not caring about our laws and making a joke of this country and our citizens, I hope they get @$$ pounded on this one.
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Joined: Oct 2005
Posts: 940
From: Southern Indiana
No, but I do believe in due process. It's like if a cop pulls you over for speeding, he has no right to search your trunk unless he has probable cause to do so. That fact that you're guilty of one offence does not allow him to go fishing for other possible offences. I really don't think you want to start down these slippery slopes unless you enjoy gradually giving up your rights.
Back to the topic at hand, every automaker has had safety recalls, and every automaker has tried to varying degrees to prevent them from getting out ... does that mean you'd support allowing the government to subpoena all of their records too? Or are we just picking on Toyota here?
Back to the topic at hand, every automaker has had safety recalls, and every automaker has tried to varying degrees to prevent them from getting out ... does that mean you'd support allowing the government to subpoena all of their records too? Or are we just picking on Toyota here?