A few years ago we had the 'flexi wings' controversy in Formula 1 where designers exploited the fact that aerodynamic parts, which were supposed to run a certain minimum height from the tarmac, were only tested by the rule makers with a static weight. By engineering the parts to have a non-linear reaction under aerodynamic load, they could pass the static FIA tests but at racing speeds run closer to the tarmac with better performance. Subsequently the FIA improved its testing regime and the flexi wing thing went away.
Like the F1 teams, VAG have utilised clever engineering to beat the woefully inadequate vehicle tests. The ethics of this are certainly highly questionable, especially given the real world impact on air quality and greenhouse gas levels. However I can't really comprehend the arguably disproportionate reaction to this 'scandal'. Who seeks to gain from seeing one of the largest global car manufacturers have 20 odd billion dollars wiped from its value overnight?....
Whilst I do empathise with those that may see some knock-on effect on the residuals, the collective memory is short. Ford Pinto anyone?