Who is the Independent Monitor?
John D. Buretta, a partner with the law firm of Cravath, Swaine & Moore LLP, and a former career federal prosecutor and Department of Justice official, is the Independent Monitor for Takata and the Coordinated Remedy Program.
Why is there an Independent Monitor?
On November 3, 2015 Takata entered into a Consent Order and a Coordinated Remedy Order with Coordinated Remedy Orders in connection with Takata’s failure to fully comply with the requirements of the U.S. National Traffic and Motor Vehicle Safety Act of 1966 (the “Safety Act”) and applicable regulations. Under the Consentand Coordinated Remedy Orders, Takata is obligated to, among other things, retain an Independent Monitor for Takata and Coordinated Remedy Program.
What is the role of the Independent Monitor?
The scope of the Independent Monitor’s authority includes reviewing Takata’s compliance with the NHTSA Consent and Coordinated Remedy Orders, such as Takata’s phasing out of the manufacture and sale of phase-stabilized ammonium nitrate (PSAN) inflators, internal safety improvements, Takata’s compliance with its “Get the Word Out” Digital Outreach Plan and Takata’s compliance with its plan to provide NHTSA with test data and other information regarding the service life and safety of the remedy inflators. The Coordinated Remedy Order directs Takata and the affected vehicle manufacturers to prioritize their remedy programs based on risk, and establishes a schedule by which they must have sufficient parts on hand to remedy the defect for all affected vehicles. The Coordinated Remedy Order also establishes a Coordinated Remedy Program under which NHTSA will oversee the supply of remedy parts and manage future recalls with the assistance of the Independent Monitor for Takata and the Coordinated Remedy Program.
The Independent Monitor is also tasked with receiving any reports of violations of law or unethical conduct at Takata. Takata employees and others can communicate directly with the Independent Monitor through the contact information listed on the home page of this site. The Independent Monitor may conduct an investigation and/or refer any reported matter to NHTSA and/or the Department of Justice.
Does the Independent Monitor work for Takata?
Does the Independent Monitor work for the United States government?
The Independent Monitor is not counsel to or an agent of the United States or any other government, although it operates under the supervision of NHTSA.
Why is the Independent Monitor interested in hearing from me?
The Independent Monitor needs information in order to carry out its work. Employees of Takata are obligated to report to the Independent Monitor any unethical or illegal conduct of which they are or become aware. Takata employees, former employees and non-employees may be in possession of information that is not otherwise available to the Independent Monitor but that is critical to the Independent Monitor’s work. The information may also help Takata in complying with its duties under the Consent and Coordinated Remedy Orders and other legal obligations.
How do I know whether I possess relevant information?
Even if you are unsure about its relevance, the Independent Monitor encourages you to file a report if you think you have information that is relevant to Takata’s obligations under the Consent and Coordinated Remedy Orders.
Should I file a report if I am not sure whether the information I have is accurate?
You should not file reports containing information you know to be inaccurate or with the intent to harm another person or enterprise. However, the Independent Monitor encourages you to report in good faith any information you have, and to note, where appropriate, which portions of your report require further verification.
What happens to the information I provide to the Independent Monitor?
The information you provide will be saved in a location that is accessible only to the Independent Monitor and his staff. Upon receipt of your report, the Independent Monitor will decide what steps to take to address your report, including whether to investigate the information and provide the information to NHTSA and/or the Department of Justice.
Will the Independent Monitor share my personal details (name, contact address, etc.) with Takata?
No. Your personal details, if you choose to provide them, will remain with the Independent Monitor and will not be accessible to Takata.
Can I file a report anonymously?
Yes. While all reports are kept confidential, you may file your report anonymously if you choose to do so.
Can I be held liable by Takata for filing a report?
Under the Consent, no employee, agent or consultant of Takata will be penalized in any way for providing information to the Independent Monitor, so long as you believe the information to be true. By contrast, filing reports that you know to contain inaccurate information or that are filed with the intent to harm another person or enterprise by providing inaccurate information may expose you to criminal and civil liability.
Will Takata’s bankruptcy filing affect the airbag recall?
No. Vehicles affected by the airbag recall will continue to receive free repairs from the dealerships despite Takata’s bankruptcy filing.