On December 21, 2015, the Honorable Alison J. Nathan, United States District Judge for the Southern District of New York, entered a final order forfeiting to the United States the $900 million that GM agreed to forfeit, and has already paid, pursuant to GM’s deferred prosecution agreement.
Individuals who purchased certified pre-owned vehicles in the model years specified below (the “Relevant Model Year Vehicles”) may be entitled to compensation if they have suffered a pecuniary loss as a result of the conduct alleged in the Statement of Facts (Exhibit C to the Deferred Prosecution Agreement, available via the link below). The conduct set forth in the Statement of Facts relates to a safety defect issue involving the Relevant Model Year Vehicles. The defect at issue is a low-torque ignition switch installed in many of the vehicles identified below, which, under certain circumstances, may move out of the “Run” position (the “Defective Switch”). If this movement occurs, the driver would lose the assistance of power steering and power brakes. And if a collision occurs while the switch is in the Accessory or Off position, the vehicle’s safety airbags may fail to deploy—increasing the risk of death and serious injury in certain types of crashes in which the airbag was otherwise designed to deploy.
Specifically, individuals who purchased a certified pre-owned Relevant Model Year Vehicle, and who have not otherwise received compensation for their loss, may seek compensation for that loss by filing a Petition for Remission with the Department of Justice. Before submitting a Petition for Remission, individuals should review the regulations governing remission (linked below), including in particular 28 C.F.R. § 9.8, so that they are aware of the types of harm (which must be pecuniary) that are eligible for remission. The deadline for receipt of petitions for remission is March 21, 2016. A sample Petition for Remission is also linked below.
The Relevant Model Year Vehicles are the 2005, 2006, and 2007 Chevrolet Cobalt; the 2005, 2006, and 2007 Pontiac G5; the 2003, 2004, 2005, 2006, and 2007 Saturn Ion; the 2006 and 2007 Chevrolet HHR; the 2007 Saturn Sky; and the 2006 and 2007 Pontiac Solstice.