Agree it 6cyl the 35d so recall does not apply.

OP have you considered X5 (second one) may have been sabotaged by someone at dealers, ie a tech wedging a piece plastic / rubber gromet against or near cat etc, knowing that when cat regenerated it would burn & smoke but not bad enough to ignite. Perhaps somebody was pissed you lemoned 1st car and got replacement. Or something to do with fraud element that you alluded to.

It does seem strange that BMW NA are not trading all info with your dealer, and you may just be caught in the middle of something bigger.

Albeit I don't know the history of the first lemon, and can only assume you deleted posts from it to remove any potential for liable against you from the dealer / BMW NA if this current situation gets worse.

Hopefully you will get it resolved in your favour & trust you will update the forum, though I understand that you may not be able to fully disclose all info if your lawyers are advising you.

OOPS Didn't read OP date of first post ( thought it was 2011 & now realise its 2010), Its late at night