1) This is taken from a complaint in a class action lawsuit. Class action lawyers are very similar to patent trolls whereby they can spin almost any story they want. And journalists go for clicks, so they amplify the sensationalism. It doesn't mean this is one of those, but a class action complaint should not just blindly be trusted.
2) There is a strong theme of "of course execs lie cheat steal at every turn" and I also think this narrative should be questioned. Ethics aside, the level of compliance in a public company is insanely high. Execs are already rich. To risk jailtime, which fraud can lead to, you'd need to see something more existential than slightly increasing margins on used van sales.
I felt inclined to comment as I've been on the other end of articles like this, and it is astounding the level of mind reading people have done into my intent and actions on things that were factually just not true at all. I also truly would find it very difficult to commit a broad organizational fraud even if I wanted to and my company is only 500 people.
If I had to make a prediction, the case is less black and white than it appears, and if there was fraud, it was probably committed at a non-executive level by the person whose P&L was directly tied to these resales. Or, it was done independently by the much smaller leasing company where this was more existential to them. It is highly unlikely to be a Fed Ex executive-level conspiracy.
I'm sure there are a few counter examples, such as say the VW emissions scandal, but I would counter these were the exceptions that proved the rule and in general when the C-level was involved was much higher stakes.
VW is in the business of selling vehicles, and has a real interest there to push the envelope as much as possible.
FedEx is not in the business of selling used vehicles. These vehicle sales likely don't impact their core business in the slightest - making an organization-wide scandal just silly to even think about.
Looking online, these types of "vans" sell for anywhere between $5,000 and $30,000 (with 4 digit miles)[1]. Seriously... FedEx isn't going to blink at any of this.
These class actions are always brought by bottom-feeding lawyers that use serial-plaintiffs. The reality is the class action bit will be retracted, and the lawyers, err, plaintiff will receive a "go the hell away please" payment. That's the game here...
[1] https://www.auctiontime.com/listings/trucks/auction-results/...
If that's the case, then any possible scandal here would be squarely on the company selling the vehicles - not FedEx.
FedEx might just be a tacked-on name. You see that quite often with Prop 65 cases. The plaintiff attorneys add anyone even remotely related to the case, just to drive up pressure and chaos, hoping for quicker/larger settlement offers.
In this situation, even if FedEx has nothing to do with vehicles sales, they might opt to settle and write a check just to make the bad publicity go away. If you think that sounds like a shakedown, you'd be right.
Say the lawsuit is originally against just Holman Fleet Leasing and FedEx is the one legally liable (Maybe FedEx is the one that is doing something naughty. Maybe there's some contractual language around Fedex assuming all legal liabilities for the vehicles sold.). You're going to spend a bunch of time in court arguing with Holman about if they're even the right party to sue, and your case is either going to get thrown out or you're going to lose. Meanwhile, the statute of limitations is still ticking, so if it takes a long enough time to adjudicate the case against Holman, you won't even be able to refile the same case with the correct respondent. Oops. but if the statute of limitations miraculously hasn't run out yet, that's not even considering the possibility that the kind of person who would roll back an odometer would also have a punishingly short document retention policy, so all the documents that still existed at the time you filed against Holman have long since been shredded and destroyed, so your discovery in the new case against Fedex is going to be a single email saying "yeah, we don't have anything going back that far. Oops again.
Now consider the lawsuit filed initially against both Holman and Fedex. Assuming your list of respondents is complete, the case isn't going to get thrown out because you sued the wrong person. Liability will still be adjudicated (and the case amended to drop respondents as the proper liability holder gets determined), but now you don't need to worry about the statute of limitations running out as you wait for the determination of liability against the first respondent. And the document retention clock starts with that lawsuit and covers the time where you're just determining who hold liability, so now they can't delete those documents even if they other wise would be. Both of them are now going to be legally required to retain all the stuff you list in discovery for the duration of at least their involvement in the case. Sure, they could destroy those records anyway, but that sort of thing is regularly used to infer guilt of the respondent with the worst possible inferences when it's destroyed in violation of discovery.
I've learned over time, it doesn't matter how righteous your defense is - all that matters is the money it'll cost to make the issue go away. Turns out, it's almost always cheaper to write a check than defend yourself.