Just last week the FBI arrested a Volkswagen executive on vacation in Florida in connection with his role in the whole diesel emissions debacle. And it could arrest more of them – if it gets the chance. So five VW execs may be forced to stay within Germany’s borders indefinitely, or else face jail time in the United States.

Following reports of an impending deal being cut between the German automaker and the US Department of Justice, Bloomberg reports that a court in Michigan has indicted a further five executives embroiled in the scandal. Among them are the company’s engine chief Heinz-Jakob Neusser, diesel propulsion engineer Richard Dorenkamp, quality management chief Bernd Gottweis, his colleague Juergen Peter, and former Neusser’s predecessor Jens Hadler.

Bloomberg points out that while US officials could seek help from Interpol to apprehend those charged, Germany does not allow the extradition of its citizens in such cases. In a previous bribery case at electronics giant Siemens AG, all eight of those being pursued in the United States managed to evade arrest by staying in Germany.

Following their lawyers’ advice and the Siemens precedent, the VW executives could stay safe in their home country. But if they leave – even to other parts of Europe – they could be picked up at the proverbial drop of a hat. German hedge fund manager Florian Homm was arrested in Italy in 2013 on financial fraud charges when he left his home country, and director Roman Polanski was similarly arrested in 2009 (though later released) on decades-old sexual-assault charges after crossing over the border from France (which has similar non-extradition laws to Germany) into Switzerland.

Staying within Germany’s borders might in and of itself prove difficult for executives at a industrial multinational like Volkswagen, and could be made even more so by other methods at US officials’ disposal. Even if convicted in absentia or a warrant remaining on the books indefinitely, however, a settlement with US prosecutors could result in the charges going away without jail time, thereby liberating those indicted to travel abroad freely.

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