Tag Archive: DOJ


“In the darkness, we found the light. Introducing a new era of electronic driving.” – Volkswagen’s new advertising campaign tagline

“Hello, darkness, my old friend; I’ve come to talk to you again …” – Paul Simon and Art Garfunkel’s, “The Sounds of Silence”

Is the best defense a good offense?

Is the most effective present-day defense utilizing a Baby Boomer anthem and harkening back to the 1960s with its brightly colored Volkswagen Beetles and (Hippie) Microvans?

After being rightfully bashed and bloodied starting in the autumn of 2015 for deploying defeat software to deceive anti-pollution testing of its vehicles (Volkswagen, Audi and Porsche), heads rightfully started to roll at Volkswagen AG corporate headquarters in Wolfsburg, Germany.

On the line with “Dieselgate” was Volkswagen’s brand, but also the reputation of Germany’s legendary designers and engineers. Consider, there is probably no nation on earth that prides itself more than Germany for its commitment to the environment (note the recent electoral successes of die Grünen).

The Volkswagen cheating scandal was akin to catching a falling knife. Using another well-worn metaphor, the shocking story has legs and has been running unabated for nearly four years.

The scandal started in September, 2015 when the U.S. EPA charged Volkswagen with using illegal (air quality testing) manipulation devices. A related Department of Justice (DOJ) investigation was launched. Volkswagen’s chief executive officer Martin Winterkorn was fired.

A continuous chorus of charges, fines, lawsuits, increased governmental regulation, falling stock prices and recalls mounted against Volkswagen and its Audi and Porsche subsidiaries. Last year, German authorities indicted Winterkorn on aggravated fraud charges.

Almost DailyBrett noted that Volkswagen did not follow to the letter the four basic tenets of Crisis Communications: Tell The Truth, Tell It All, Tell It Fast and Move On. In many ways Volkswagen management was just hoping this mess would simply subside.

Volkswagen management, employees, shareholders and even Kanzlerin Merkel and the German government had to confront the metaphorical Scheisse-Sandwich … you don’t nibble.

Back To The Drawing Board

At some point, the world’s largest automobile designer/manufacturer would have to go back on offense.

In doing so, Volkswagen realized it could not assume a business-as-usual approach.

Ultimately, Volkswagen appreciated that it has to acknowledge its wrongdoing, beg for forgiveness, and somehow, someway commence the hard work of rebranding … essentially moving on.

Volkswagen of America hired New York’s Johannes Leonardo advertising agency, and secured the rights to “The Sounds of Silence.”

The question posed to VW management: Can a major ad buy (part of a reported $2 billion campaign) for its 1:45 second spot featuring a Baby Boomer/Yuppie anthem make everything right in the world for Volkswagen?

In and of itself, the answer is obviously: no.

Almost DailyBrett has always believed that Volkswagen is engaged in a marathon, not a sprint. Volkswagen’s story, which began in 1937, deserves another chapter.

Americans are credited for being an understanding people. They will not forget, but are they willing to forgive and give … even a corporate entity … another chance?

The Johannes Leonardo creative, which debuted with the NBA Finals and the NHL’s Stanley Cup last week, is edgy as it literally starts in the darkness with a news announcer directly referencing the Volkswagen scandal.

One suspects that securing VW’s management approval for an open acknowledgement of moral failure was easier said than done. As Chairman Mao found out, the long-march back starts with the first step.

In our world of advertising bombast and overkill, it’s the extremely clever advertisement that stops the viewer in his or her tracks and commands attention.

The dark Sounds of Silence images convey going back to the drawing board. The result is the coming resurrection of the VW microvan … a concept vehicle for now … with the message the company’s environmentally friendly electric vehicle does not contribute to climate change. Volkswagen envisions 22 EVs (electric vehicles) by 2028, and becoming carbon neutral by 2050.

Volkswagen has stumbled for nearly four torturous years. The questions are with its new ad campaign and beyond: Has the company finally learned its lesson, and are we as consumers willing to forgive, while certainly not forgetting?

https://www.youtube.com/watch?v=qEvNL6oEr0U

https://www.fastcompany.com/90359361/volkswagen-aims-for-feel-good-redemption-in-new-major-ad-campaign

https://www.caranddriver.com/features/a27784322/vw-hello-light-commercial-column/

https://www.cleanenergywire.org/factsheets/dieselgate-timeline-germanys-car-emissions-fraud-scandal

https://www.nytimes.com/2019/04/15/business/winterkorn-volkswagen-emissions-scandal.html

https://www.forbes.com/sites/davidkiley5/2019/06/06/vw-goes-back-to-the-future-in-new-ad-campaign-to-put-dieselgate-in-rear-view/#1026a00d3aa5

https://www.vw.com/

http://johannesleonardo.com/

The national Twitter Bull-in-a-China-shop champion may not be the one you suspect.

Would you allow Elon Musk to baby-sit your retirement nest egg?

REUTERS/Rashid Umar Abbasi

Consider the following:

In the last three months, Tesla common shares (NASDAQ: TSLA) are down $69.59 or 19.74 percent.

Tesla confirmed today the Department of Justice (DOJ) is launching a criminal probe into les affaires at Tesla.

Earlier, the Securities Exchange Commission (SEC) announced its own civil investigation following Tesla founder Elon Musk’s August 7 tweet, proclaiming “funding secured” for taking Tesla private. Is Musk guilty of selective disclosure of material information (e.g., “Funding secured) in violation of SEC Reg FD (Fair Disclosure)?

There was also the inexplicable video of Musk smoking dope on television.

Why Elon, why?

Musk charged not once but twice that one of the heroes, saving the Thailand boys’ soccer team from a flooded cave, is a “Pedo guy.”

Nomura Securities downgraded TSLA from “buy” to “neutral,” reducing the company’s price target from $400 to $300, concluding that Tesla shares are “no longer investable.”

“Notwithstanding improving fundamentals, we believe that Tesla is in need of better leadership, an about face, and are moving to the sidelines until we see what happens with management. “ – Nomura Securities analyst Romit Shah

Does Elon Need His Own Mad Dog Mattis?

The best-and-brightest public relations counselors in the world can do absolutely nothing with Elon, if and until he is willing to ponder sage advice for even a nanosecond.

Tesla co-founder and CEO Elon Musk takes a drag from a cigarette laced with
marijuana in this screenshot from the Joe Rogan Experience podcast on
Thursday, Sept. 6, 2018.

Some have suggested shaking up the Tesla Board of Directors to include strong-willed  independent hombres and mujeres willing to practice tough love with Elon (e.g., no public smoking marijuana for whatever reason).

Elon ‘Musk’s brother and board member, Kimbal, is not a candidate for his job. Did you see his CNBC interview this week from the floor of the venerable NYSE wearing a cowboy hat?

Why Kimbal, why?

Besides trying to run both publicly traded Tesla (EVs/solar) and privately held SpaceX (rockets) at the same time and thus needing more sleep, maybe the biggest issue is way too many sycophants kissing Elon’s derriere for way too long.

Remember the gushing CBS 60 Minutes Scott Pelley interview of Elon back in 2014? Musk was hailed at the time as the second coming of … Steve Jobs including  Almost DailyBrett. Your author repeatedly bought and sold Tesla shares for a nice profit, except the last time, selling for a modest loss.

The CNBC pundits were asking out loud circa 2014 whether Tesla was 1.) An electric vehicle company, 2.) an energy company or 3.) Elon Musk’s company?

The issue now is what would happen if a stronger, independent Board of Directors took the helm at Tesla? Would they have the cojones to fire Elon Musk? Would that stunning action be the 21st Century equivalent of John Sculley firing Steve Jobs at Apple? How did that move play out?

Most of all, what would happen to Tesla’s stock? The shorts have already gone crazy; they presumably would have a field day.

Maybe what Elon needs is his own version of a chief operating officer Mad Dog Mattis or some other chain-of-command George S. Patton type to knock off the nonsense?

Until there is some sense of consistent operating discipline (see Tim Cook’s management of Apple following the 2011 passing of Steve Jobs), the shorts will continue to bet against Tesla and its common shares.

Anybody want to “short” Apple? Didn’t think so.

Most of all, Elon Musk should be precluded from even going near Twitter. These 280 characters can lead to a heap of trouble, including twin probes by the DOJ and the SEC.

Audi today unveiled its $75,000 luxury EV SUV. There is considerable competition because electric cars are not going away.

Static photo,
Colour: electric green

Tesla still maintains considerable advantages: Market leadership, pure-play, first mover, visionary company.

Even with its present cash burn and convertible notes coming due next March, Tesla can more than survive and continue to drive technology leadership.

All Tesla needs is for a Mad Dog to put a discipline leash on one, Elon Musk.

https://www.forbes.com/sites/jimcollins/2018/09/05/elon-musks-increasingly-erratic-behavior-comes-at-a-price-for-tesla-shareholders/#1058c7323944

https://www.mercurynews.com/2018/09/11/elon-musks-erratic-behavior-continues-to-rattle-wall-street/

https://www.cnbc.com/2018/09/18/tesla-stock-drops-after-company-reportedly-to-face-us-criminal-probe-over-musk-statements.html

https://www.nytimes.com/2018/08/13/business/dealbook/tesla-elon-musk-saudi-arabia.html

https://almostdailybrett.wordpress.com/2014/04/02/only-in-america/

https://almostdailybrett.wordpress.com/2014/07/18/donate-to-united-way-or-invest-in-tesla/

https://www.cnbc.com/video/2018/09/17/kimbal-musk-says-his-brother-elon-is-doing-great.html

 

“To protect herself as president, and to protect her presidency, Clinton needs a Dr. No. That’s somebody more powerful than the smart loyalists she surrounds herself with, somebody with the stature to say: “Ma’am, you cannot do that.” – Bloomberg Columnist Al HuntDrNO

Whether or not Hillary Clinton is elected president in November will play out in the next four months. For now, Mr. Hunt may be getting a little ahead of himself.

And whether or not Hillary Clinton and by extension Bill Clinton (and of course, The Donald) needs a personal reputation “Dr. No” as Mr. Hunt suggests is beyond doubt.

The author of Almost DailyBrett would be a very wealthy hombre, if he received a dollar for every time somebody suggested that he should be coaching/mentoring Public Celebrity A. (e.g., Tiger Woods) or Public Celebrity B (e.g., Anthony Weiner).

The very notion of mentoring suggests that a Hillary Clinton and/or Bill would actually listen to a brand/reputation coach regardless of her or his level of personal gravitas.

Now before one accuses Almost DailyBrett of directing attention to only one side of the ever-widening political divide, your author would like to opine that Donald Trump has repeatedly warranted an ejector seat. This point applies to his rambling off-the-cuff remarks and his fire-ready-aim use of Twitter.

FILE - This is a Wednesday, March 25, 2015 file photo of FBI director James Comey as he gestures during a news conference at FBI headquarters in Washington. FBI director Comey has caused huge offense to a U.S. ally: using language to suggest that Poles were accomplices in the Holocaust. On Monday, April 20, 2015 Poles were waiting to see if FBI director James Comey apologizes _ something Polish Foreign Minister Grzegorz Schetyna said he expected so the matter can be settled. (AP Photo/ Evan Vucci, File)

FILE – This is a Wednesday, March 25, 2015 file photo of FBI director James Comey as he gestures during a news conference at FBI headquarters in Washington. (AP Photo/ Evan Vucci, File)

At a time that FBI director James Comey handed the Republicans a political gift with his public repudiation of Hillary as “extremely careless” in regards to her mobile devices/personal server, The Donald is meanwhile assessing the positives of brutal dictator Saddam Hussein because he allegedly fought terrorists.

Where is your message consistency, Mr. Trump?

Can you stay on topic?

Must you always say what is on the top of your mind?

Ma’am and/or Sir, you cannot do that’!

Most Americans – including elites in both parties – believe both Bill and Hillary Clinton think a different set of rules and standards apply to them than everyone else. This dates to the 1990s.” – Washington Daily 202 columnist James Hohmann

“Mr. Trump was typically free-associative and talked too long, more than an hour. He doesn’t know when to stop because he doesn’t know when he’s made his point, or sometimes what his point was.” –Former Presidential Speech Writer Peggy Noonan

Just as most Democrats wax nostalgic about John F. Kennedy and Republicans harken back to “Shining City on a Hill” Ronald Reagan, there were also influential aides-de-camp who were always there to question, advise and mentor.

Pres. John F. Kennedy with his Aide Theodore Sorensen (R) discussing W. Virginia's economic problems with President-election. (Photo by Paul Schutzer//Time Life Pictures/Getty Images)

Pres. John F. Kennedy with his Aide Theodore Sorensen (R) discussing W. Virginia’s economic problems with President-election. (Photo by Paul Schutzer//Time Life Pictures/Getty Images)

Ted Sorensen was beside Kennedy as the U.S. faced down Nikita Khrushchev’s Russia and the Missiles of October. The young president was well served by listening (and not necessarily always agreeing) to Sorensen.

James Baker was the Secretary of Treasury, Secretary of State and served as chief of staff for two Presidents, Reagan and his successor George H.W. Bush. The native-born Texan was always cool under pressure, seemingly hitting the right tone and drawing the ear of at least two presidents.

The Always DailyBrett question of the day: Who are the Ted Sorensens and Jim Bakers for Hillary and The Donald?bakerbush

Some may immediately point to Hillary’s spouse, former President Bill Clinton, but is he a paragon of political discipline? Wasn’t there an embarrassingly improper meeting with Attorney General Loretta Lynch on the broiling tarmac of Phoenix International Airport? And for some reason, Almost DailyBrett is reminded a series of presidential dalliances in the 1990s.

For The Donald, he heavily relies on his family. Yes it is true that blood is thicker than water, but are any of his clan ready to tell Emperor Trump that he doesn’t have any clothes on? More to the point: Will any of them insist that Mr. Billionaire think before he speaks or tweets?

When egos exceed respect for any advisor no matter how talented, how skilled, how schooled and how seasoned, does it really matter if the candidate stops listening before the aide-de-camps stop talking?

https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2016/07/06/daily-202-clinton-s-credibility-gap-widens-after-fbi-rebuke/577bff0c981b92a22d5b2044/

http://www.bloomberg.com/view/articles/2016-07-05/hillary-clinton-needs-a-dr-no

https://en.wikipedia.org/wiki/Al_Hunt

http://www.wsj.com/articles/comedy-wears-better-than-cynicism-1467933077

https://en.wikipedia.org/wiki/Ted_Sorensen

https://en.wikipedia.org/wiki/James_Baker

https://en.wikipedia.org/wiki/Aide-de-camp

 

“Apple is not above the laws of the United States, nor should anyone or any company be above the laws. To have a court warrant granted, and Apple say they are still not going to cooperate is really wrong.” – California Senator Dianne Feinstein

It (Apple iPhone) is a deeply personal device. It is an extension of ourselves.” — Apple CEO Tim Cook

Apple desperately needs an attitude adjustment.

It’s past time to cooperate, Tim Cook.

How about right NOW?timcook

And yet the Fortune 500 CEO walked off stage yesterday to the lyrics of Tom Petty’s “I Won’t Back Down.”

The terrorists who struck Brussels this morning, killing at least 30 and injuring 100 more, won’t back down either.

As an Apple shareholder (the stock is up this morning) and most importantly a strong proponent for safety, the author of Almost DailyBrett is joining the bi-partisan chorus calling for the company to fully comply with federal magistrate court order and unlock the secrets contained in a terrorist’s stolen cell phone.

What is particularly galling is the arrogant notion that a device is an extension of ourselves, and defines who we are.

Really?

Your author lived for almost six decades and managed to get by just fine without an Apple iPhone.

Public Relations Disaster

Did we have to get to this point?

Why did the relationship between Apple with the strongest brand in the world and the legendary Federal Bureau of Investigation (FBI) have to degenerate into a public battle of wills with privacy being claimed on one side and safety being championed on the other?

The issue comes down to a County of San Bernardino owned iPhone 5 being used by a terrorist couple to kill 14 people and injure 22 more last December. What are the secrets contained in the encrypted smart phone used by Syed Rizwan Farook?terrorists

How can the FBI and by extension the people of this nation unlock this cell phone without permanently erasing the data contained in this device (10 unsuccessful tries triggers the elimination of all content)?

Why couldn’t über-secret Apple quietly and confidentially, particularly in the face of a legitimate court warrant,  write the code allowing the FBI to unlock this particular phone?

Couldn’t Apple have complied on a sub-rosa basis and keep those who think Edward Snowden is a swell guy happy at the same time? Why the public spectacle on CBS’ 60 Minutes and elsewhere that grows more intense and intransigent on a daily basis?

Just this week, the Department of Justice announced it may have a fix that allows the FBI to hack into the phone without inadvertently erasing the data. Is the FBI bluffing, trying to force Apple’s hand?

And will the spectre being played out on TV and mobile device screens from Brussels this morning, prompt a little soul-searching at Apple?

According to former Fortune technology columnist (and Apple apologist), David Kirkpatrick, the ISIS-coordinated attacks on the EU’s capital airport and central rail station, will have zero impact on the board room stance at Apple.

Alas, he is probably correct. A quick glance at the company’s news releases this morning offers plenty of details about the Apple iPhone SE and a new and improved iPad.

If you are expecting reflection, contemplation and refreshing change from Apple’s defiant attitude as a result of today’s deadly terrorist attacks, you are sadly mistaken.

The needless Apple public relations disaster continues.

http://www.sfgate.com/politics/article/Feinstein-says-Apple-is-wrong-to-refuse-to-6843414.php

http://www.cnn.com/videos/tv/2016/02/17/senator-dianne-feinstein-intelligence-cmte-lead-intv.cnn

http://finance.yahoo.com/news/brussels-attacks-weigh-on-wall-street–apple–fbi-court-face-off-canceled–amazon-s-cable-play-120427384.html#

http://www.bloomberg.com/news/videos/2016-03-22/how-will-terror-attacks-impact-apple-vs-fbi

https://www.youtube.com/watch?v=nUTXb-ga1fo

http://www.cbsnews.com/news/fbi-may-have-found-way-to-unlock-san-bernardino-shooters-iphone/

http://www.latimes.com/local/lanow/la-me-ln-san-bernardino-shooting-live-updates-htmlstory.html

http://www.apple.com/pr/

 

 

 

 

 

 

 

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