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Showing posts with label Michael Barr. Show all posts
Showing posts with label Michael Barr. Show all posts

Wednesday, December 3, 2014

Toyota Attempts to Legally Hammer its own Whistleblower!

Tentative Sanctions Against Translator in Toyota Probes

, The National Law Journal
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Betsy Benjaminson.
Betsy Benjaminson.

A federal judge has tentatively sanctioned a former translator and subcontractor for Toyota who posted dozens of confidential documents relating to its sudden-acceleration recalls on her blog.
At the same time, the judge rejected repeated attempts by Toyota attorney Lisa Gilford to extend the sanctions order as to hundreds of other documents against translator Betsy Benjaminson, a self-described whistleblower.
At a hearing on Wednesday, U.S. District Judge James Selna of the Central District of California found that most of the documents that Toyota sought to include as part of the sanction were “simply not covered by the contempt order” because Benjaminson hadn’t yet signed a protective order designating them confidential at the time she obtained them.
“She should’ve been required to sign a protective order,” he said. “For whatever reason, that wasn’t done.”
Benjaminson, who was a subcontractor for Toyota assigned to translate documents from Japanese to English amid probes over sudden-acceleration recalls, later worked for plaintiffs attorneys in the litigation. She has provided internal Toyota documents to various news organizations and is writing a book about the sudden-acceleration recalls.
After she began posting thousands of internal documents on her blog this year, Toyota moved for sanctions, insisting that her actions violated the protective order, which she signed in 2012 while working for a translation services vendor for the plaintiffs.
At the end of the hearing, Gilford, a partner in the Los Angeles office of New York-based Skadden Arps, Slate, Meagher & Flom—who argued repeatedly that sanctions should be applied to all the documents since they were subject to the protective order—vowed that her client wouldn’t back down from forcing Benjaminson to return those materials.
“We definitely consider these documents here to be protected and will pursue additional remedies,” she said.
Toyota spokesman Scott Vazin declined to comment.
Benjaminson, who lives in Israel, did not appear for the hearing. Her attorney, Hemant (Shashi) Kewalramani, founding partner of Lee, Jorgensen, Pyle & Kewalramani in Tustin, Calif., said his client would comply with the court’s order but wanted to provide documents to the Department of Justice and an independent monitor overseeing its $1.2 billion deferred-prosecution agreementwith Toyota.
Selna appeared concerned about that request.
“I’m somewhat troubled when you said I want to leave a back door to do that,” he said. “It’s not a palatable position.”
Selna did not issue a final order, stating he planned to review his tentative decision “from top to bottom.”
Toyota, which recalled more than 10 million cars and trucks for faulty accelerator pedals and floor mats that it says caused cars to suddenly accelerate, has paid billions of dollars to resolve hundreds of consumer lawsuits, regulatory fines and the criminal investigation. But Toyota, which is in the process of settling lawsuits filed by people injured or killed in accidents, has never admitted that glitches in the electronic throttle control system of the vehicles caused the problems.
In pursuing sanctions against Benjaminson, Toyota was particularly incensed about a PowerPoint presentation prepared by a plaintiffs software expert that it claimed contained “highly confidential source code information.” Toyota considers its source code to be a trade secret, but plaintiffs attorneys have pushed for access to prove the software has bugs.
On Sept. 2, Selna ordered Benjaminson to show why she should not be sanctioned.
Benjaminson, who removed the contested materials from public view, hasinsisted she obtained most of the documents prior to signing the protective order when she worked for Toyota’s translation-services vendor, Linguistic Services Inc. At that time, she was translating for Toyota’s attorneys at Debevoise & Plimpton as part of the government’s criminal investigation.
In 2012, she began working for two plaintiffs’ translation-services vendors, American Language Services and Technovate Inc.
In his tentative order, Selna found that Benjaminson should be sanctioned as to 88 documents she obtained while working for those firms. But he found that documents Benjaminson translated for Debevoise & Plimpton were “simply not covered by the contempt order” because she hadn’t yet signed the protective order.
Gilford insisted that those documents also were produced in the multidistrict litigation and that Benjaminson had signed the protective order as of this year, when she began posting the documents on her blog.
“As of July of this year, she had all the information she needed to understand what was protected,” she said. “We believe that is enough to find her in contempt with regard to the body of documents.”




Read more: http://www.nationallawjournal.com/id=1202678013665/Tentative-Sanctions-Against-Translator-in-Toyota-Probes#ixzz3KtJmSBBQ

Thursday, October 30, 2014

Translator Refutes Toyota’s Contempt Motion in Leaks

Translator Refutes Toyota’s Contempt Motion in Leaks

, The National Law Journal
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http://www.nationallawjournal.com/id=1202674801687/Translator-Refutes-Toyotas-Contempt-Motion-in-Leaks?mcode=1202674804924&slreturn=20140929090708
Toyota
Toyota


A translator who allegedly leaked confidential discovery documents from litigation against Toyota Motor Corp. says she should not be found in contempt because she has removed all those materials from the public view.
 
U.S. District Judge James Selna of the Central District of California has orderedBetsy Benjaminson, who lives in Israel and is a self-described whistleblower, to show cause why she should not be sanctioned.

 
Benjaminson's attorney argues that, while working for a translation service retained by plaintiffs’ counsel, she obtained 88 documents from the Toyota’s sudden-acceleration litigation. She said she got another 1,500 documents when translating for Toyota’s criminal counsel, Debevoise & Plimpton, during investigations by the U.S. government and various state attorneys general.
 
The criminal investigations were not within the scope of the protective order governing the civil cases in the multidistrict litigation, so Benjaminson could not have violated the protective order by taking documents related to them, Benjaminson’s counsel, H.H. Kewalramani of Lee, Jorgensen, Plye & Kewalramani, argued in a court document.
 
Moreover, Benjaminson had not signed the protective order while working for Debevoise & Plimpton’s translation vendor, her counsel added.
 
That leaves Toyota arguing for “retroactive applicability of the protective order and expansion of this court’s authority over all things related to Toyota sudden acceleration, whether part of this MDL or not,” Kewalramani argued.
 
Benjaminson worked for three translation services during the litigation, according to the response.
In a separate motion, plaintiffs’ counsel opposed Toyota’s ex parte application to have one of their experts comply with the car manufacturer’s discovery request in a bid to learn how documents got to Benjaminson.
 
Benjaminson had obtained a PowerPoint presentation prepared by Michael Barr, a plaintiffs expert witness who concluded that Toyota's source code was defective and led to unintended acceleration in a Toyota Camry. The expert presented the information during the first trial testing whether Toyota’s throttle-control systems caused vehicles to spontaneously accelerate.
 
According to Toyota’s court papers, Benjaminson obtained the source-code material from another plaintiffs expert, Antony Anderson, who got it from Barr’s Dropbox account.
 
The plaintiffs said Toyota was “trying to bully Michael Barr, the plaintiffs expert, and exert an asymmetrical pleading burden against counsel for plaintiffs and that expert.”

Thursday, October 23, 2014

Toyota Truths



Singer/songwriter, Kris Kitko did an AWESOME job on her YouTube video, "Toyota Where Are Ya?" The video was directed at Toyota regarding her own real world experience with Toyota SUA, sudden unintended acceleration. With her satirical approach, she completely destroyed the Toyota and NHTSA myth about SUA, namely “pedal misapplication” by drivers. Unfortunately, Kris Kitko’s YouTube video is no longer available for viewing online.
In the wake of the NHTSA/DOJ $1.2 BILLION settlement following a CRIMINAL investigation, Kris should be encouraged to use her finely-honed musical skills to do a sequel to her first Toyota SUA YouTube video. The U.S. Federal Government allowed Toyota “deferred prosecution” in this settlement provided it follow the steps outlined in the terms of the agreement. No one…not one single Toyota executive…is going to serve any prison time for knowingly withholding evidence that could have saved many lives and ensured public safety on the roads.Toyota ADMITTED that it LIED to both the Toyota customers and the government.
Michael Barr, renowned embedded systems expert, after studying Toyota’s ETCS-I far longer than NASA did, found the existence of faults in the software which could lead to a real-world, potentially-catastrophic SUA event with a number of potentially ineffective failsafes. Imagine flying down the road in a Toyota with no functioning brake override to exit a software task-death! Isn’t that a bit like being on a high-speed roller coaster and having the track fail to keep you on? And want to know the most SHOCKING part? Toyota reportedly didn't have a copy of the code in their OWN monitor chip! Michael Barr and company had to SHOW them! Can we just say, “Scary!”
Toyota cites that there is no electronic cause for SUA in its vehicles based on the short-duration investigations by NHTSA and NASA. Michael Barr and other experts have shown these studies to be scientifically seriously flawed. First, the ETCS-I software investigation was extremely limited. Only a SMALL FRACTION of the embedded software was tested by NASA.
Secondly, Toyota misrepresented the presence of EDAC RAM  (error detection and correction random access memory) while indications of this issue were apparently redacted in the original NHTSA report.  This misled NASA into NOT LOOKING INTO a number of potential sources of failure – which they may otherwise might have.

According to NASA expert, Dr. Henning Leidecker, some Toyota's can grow "tin whiskers" within certain electronic components. This can result in short circuits which can lead to yet another type of electronically-induced SUA event. Dr. Leidecker and associates actually DID FIND and study a case of "tin whiskers" found within the accelerator pedal assembly; rendering a Toyota vehicle UNDRIVEABLE.

Dr. Leidecker suggests driving the affected Toyota vehicles is "a game of Russian roulette." Dr. Leidecker is most concerned about 2002-2006 Toyota Camrys with their potential to grow "tin whiskers." He indicates the risk of this condition increases over time.
Meanwhile, whistleblower Betsy Benjaminson remains scared for Toyota drivers. She is convinced Toyota's own internal documents strongly indicate SOMETHING IS WRONG with their ETCS-i ELECTRONICS . She says "ghosts" indicate glitches can cause a runaway car. Betsy now blogs on a Blogger website where she continues to EXPOSE key documents that she says open the company's PR KIMONO. Betsy's goal is to reveal the true inside story of Toyota's SUA problem and to demonstrate and expose the differences between the company walk and company talk.
How did Betsy turn whistleblower? As a Japanese-to-English translator, Betsy was hired by Toyota's legal team to translate documents for the criminal investigation of Toyota. Just like the DOJ, Betsy SMELLED A RAT. After checking with top experts, she came forward to alert the public to the major safety issues involved.
Toyota owner, turned consumer activist-blogger, Parris Boyd has been blogging about what he calls “The Recall King” (a.k.a. Toyota) for years. His blog, “Beware of Toyota. Their next victim may be YOU…,” was initially an outlet for his frustration with Toyota--after his MR2 Spyder’s engine disintegrated at low mileage. What Parris faced was an unresponsive, stonewalling company operating within a state of denial.
During the height of Toyota’s engine oil SLUDGE debacle, Parris created his blog with the goal of using his free speech to help other similarly-affected Toyota owners. He also wanted the public to know just how Toyota and its dealerships treated their “valued customers.” Parris’s Blogger website currently receives over 100 views a day!
So, WHY is Toyota trying so hard to CONVINCE its own customers and the public that its vehicles suffer from SUA caused only by 1) improperly placed or type of floor mats (huh?); 2) sticky accelerator pedals (like those pesky sticky Sienna minivan sliding doors?); or 3) pedal misapplication (oh...the little old lady theory?). Why does it IGNORE the recent findings of the electronic experts? WHY isn’t it currently LISTENING to its own customers?
Well, YOU be the judge. The FACTS are before you.

Tuesday, September 30, 2014

Toyota & GM Two Peas in a Pod of Deception?

GM and Toyota are cut from the same cloth! Bob Hilliard along with Trudy Baltazar and others were instrumental in freeing imprisoned Koua Fong Lee, Toyota owner whose Camry suddenly accelerated and crashed, killing several members of one family. Koua Fong Lee served four years of his eight year sentence after he was wrongfully convicted. He missed the birth of one of his children. He is so honest that he refused to cut a deal by admitting fault. 

Toyota did NOTHING. Unfortunately, Koua Fong Lee is far from alone. An embedded software expert. Michael Barr, has found the ECTS-i in Toyota and Lexus vehicles has poorly designed software and glitches can lead to an ELECTRONIC sudden unintended acceleration with an ineffective fail-safe. Translation: a runaway Toyota with ineffective brakes. Problem? Mr. Barr's 300-page report is court-sealed. It was a big part of the Oklahoma Bookout vs. Toyota SUA case won by the 2005 Toyota Camry owner. 

Toyota and Lexus vehicles continue to violently accelerate from parking lots and stopped positions and crash into storefronts, buildings, and homes where deaths have resulted. Jail time has been served. Lives have been forever changed. Vehicle owners continue to complain to Toyota but Toyota says the vehicles are fine...no traceable problem found. BUT...does Toyota know the truth and is it keeping it secret?

No public corporate response has been given to Toyota whistleblower and translator, Betsy Benjaminson's publicly-disclosed Toyota internal documents which show evidence that Toyota knows what's happening. However, Toyota is currently attempting to stop Betsy's actions behind-the-scenes via legal motions. Is Toyota more customer-responsive as promised or more public information-suppressive as historically-demonstrated? 

It seems that Mary Barra may follow in Toyota CEO, James Lentz's footsteps. Denial is so much easier. Blaming the vehicle owners is more lucrative and less damaging to the self-lauded public image, after all. What the public doesn't know can't hurt it...or can it? 

As we've seen with both GM and Toyota, the vehicle owners and their families have to become vocal and organize in order to be heard by the automaker. Even then, the automakers dance around the issues and choose words carefully in order to escape full responsibility. What's wrong with this picture? Why isn't NHTSA protecting the vehicle owners instead of the automakers? 

The system is severely broken and needs repair. It will take public outrage about the lack of safety standards in vehicles before change is impacted. Unfortunately, the public is in the dark thanks to the automakers and the beholden media. Couple this with an in-the-back-pocket government regulatory agency and you've got a runaway train, right? Add Reputation Management Companies and on-line suppression of vehicle owner complaints and dialogue and you've got criminal culpability, don't you? 

Until the fix is in effect, vehicle owners are the "test pilots." Driving these vehicles with unsafe parts and poorly designed software is like playing Russian roulette, isn't it?

Charlene Blake

Wednesday, September 17, 2014

Reflections on Spotlight on NHTSA during Senate Hearing 9/16/14


Mr. Friedman, you weren't looking for the ghost in Toyota's engines! You were trying to cover it all up along with the automaker! Admit it, please!

What you really need is a real GHOSTBUSTER...a.k.a. an embedded electronic throttle control expert...who can track down the glitch-prone bug in the complex engine software! Oh...yeah...Michael Barr, world renown software expert, did that already but you currently choose to turn the other way and act like this information doesn't exist.

You did the same thing with Laura Gipe Christian's (organizer of Facebook's "GM Recall Survivors" group) deadly ignition switch information years ago, didn't you? She tried to give you critical information which you chose to IGNORE!

Stop blowing blue smoke like engine-oil-sludging Toyota vehicles! Yeah...you denied two of my petitions to investigate that on-going issue (see pending class action lawsuit for "excessive oil consumption" in Toyota engines) YEARS ago. You chose NOT to act even after you received a petition with over 3300 Toyota and Lexus owner signatures on it!

NOTHING seems to be changing at NHTSA! As Parris Boyd says, NHTSA = No Help To Solve Anything! You've been in the automakers' back pockets for decades. We, the public, know it!

Stop assisting the automakers in the owner BLAME GAME! This "driver error" theory for ever-increasing electronic sudden unintended acceleration and resulting crashes (many into storefronts, buildings, and homes) is insulting to the vehicle owner's intelligence. It's NO GHOST but rather a complex electronic glitch that most certainly CAN be found if you employee the right experts AND you actually want to find it as opposed to shielding the automaker!

I was a spectator at the Senate hearing on 9/16/14. I was impressed with the bark of Senators McCaskill, Blumenthal, and Markey. I was UNIMPRESSED with your theatrical performance! You are in a state of deliberate denial and the public has real reason to be concerned! If you think we plan to drive vehicles with DEADLY defects another day, think again! Consumers are fed up with cover-up!

JAIL time is needed for ALL who have played dumb for decades! This includes BOTH top automaker executives as well as their enabling partners-in-crime at NHTSA!

Charlene McCarthy Blake