Boeing Under Pressure From DOJ For Breach Of 737 MAX Crash Deal

15 May

Boeing (BA) has breached an agreement with the Justice Department over the 737 Max crashes that killed 346 people in 2018 and 2019, potentially leading to prosecution. The 2021 Deferred Prosecution Agreement (DPA) meant Boeing (BA) didn't face charges related to the deaths of 346 people in two 737 Max 8 crashes in 2018 and 2019. Boeing (BA) paid $2.5 billion and promised to strengthen its compliance program. The DPA expired just two days after the Alaska Airlines blowout, which renewed scrutiny of Boeing's quality-control processes. Safety investigators said the 737 Max involved had left Boeing's factory missing key bolts.

The Justice Department said Boeing (BA) violated the DPA by failing to design, implement, and enforce a compliance and ethics program to prevent and detect violations of US fraud laws throughout its operations. Boeing has until June 13 to respond to the DOJ, and the DOJ is continuing to meet with the families of victims of the 2018 and 2019 crashes to determine whether to bring charges against Boeing. The DOJ will decide whether to prosecute Boeing by July 7. Boeing 0.0% may face fraud charges for violating the terms of its 2021 Deferred Prosecution Agreement with the Department of Justice following the Lion Air Flight 610 and Ethiopian Airlines Flight 302 737 MAX crashes.

Boeing (BA) has been charged with fraud following the 737 MAX crashes, which occurred in 2021. The company admitted to deceiving the FAA AEG about the Maneuvering Characteristics Augmentation System (MCAS) and its impact on flight control systems. The Department of Justice (DOJ) stated that a key document published by the FAA AEG lacked information about MCAS, leading to the lack of information in airplane manuals and pilot-training materials for US-based airlines.

Victims' families have criticized the deal as too lenient, while Senators have also questioned it during recent Boeing whistleblower hearings. Senator Johnson argued that this was an overt act, and nobody has been held accountable. Boeing ultimately agreed to pay $2.5 billion to defer prosecution, with the DPA providing for a $500 million crash-victim beneficiaries fund to compensate the heirs, relatives, and legal beneficiaries of the 346 passengers who died in the crashes.

Despite admitting facts but pledging not guilty, Boeing pled not guilty to the charges at an arraignment on January 26, 2023. The United States Court of Appeals for the Fifth Circuit published its decision against revising Boeing's DPA on December 15, 2023, but decided the court had ongoing Crime Victims' Rights Act responsibility.

The DOJ argues that it is still in time to prosecute Boeing for a violation of the terms of the DPA and to continue investigating Boeing compliance. The DOJ does not reference the Alaska Airlines door plug blowout in its letter to the court.