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Boeing to Plead Guilty to Fraud Over 737 Max Crashes

by | Jul 9, 2024

Boeing has agreed to plead guilty to a felony fraud charge in connection with the certification of its 737 Max aircraft, which was involved in two fatal crashes that killed 346 people off the coast of Indonesia and in Ethiopia. The aerospace giant has decided that admitting guilt is preferable to a prolonged public trial.

 Boeing CEO Dave Calhoun returns to his seat after speaking directly to family members of those killed in the Ethiopian Airlines Flight 302 and Lion Air Flight 610 crashes during his opening statement before a Senate Homeland Security and Governmental Affairs Investigations Subcommittee hearing on Boeing’s broken safety culture on Capitol Hill on June 18, 2024 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

Plea Deal Details

The agreement with the Justice Department (DOJ) involves Boeing paying an additional $243.6 million fine, bringing the total to $487.2 million. This is the maximum legal penalty for the fraud charge. Boeing must also invest at least $455 million in safety improvements and will undergo three years of court-supervised probation. An independent monitor will ensure Boeing’s compliance with the terms. The company’s board of directors will also be required to meet with the victims’ families.

Background of the Case

The DOJ originally filed the fraud charge in 2021, related to Boeing deceiving the Federal Aviation Administration (FAA) during the 737 Max certification process. The crashes, which occurred less than five months apart in 2018 and 2019, were linked to a new flight-control software called MCAS that Boeing did not initially disclose to pilots or airlines. MCAS was designed to prevent stalls but activated erroneously due to faulty sensor readings, causing the planes to crash.

Investigators with the U.S. National Transportation and Safety Board (NTSB) look over debris at the crash site of Ethiopian Airlines Flight ET 302 on March 12, 2019 in Bishoftu, Ethiopia. (Jemal Countess/Getty Images)

Victims’ Families Seek Justice

Families of the crash victims are outraged by the plea deal, arguing that it is too lenient. They are calling for a trial, substantial fines, and criminal charges against Boeing executives. Zipporah Kuria, whose father died in the Ethiopian Airlines crash, expressed disappointment that the plea deal prevents further investigation into the crashes. Javier de Luis, who lost his sister in the same crash, believes the punishment does not reflect the severity of Boeing’s actions. Nadia Milleron, whose daughter was also a victim, wants Boeing’s leaders held accountable for their decisions.

Legal and Business Implications

A U.S. District Judge in Fort Worth, Texas, will review the agreement. He can either accept it as is or reject it, potentially leading to renegotiations. Past actions suggest he may defer to the DOJ’s decision despite controversy over such deals usurping judicial authority.

Boeing’s business has struggled since the crashes, with the company failing to secure new orders for the Max in April and May. European rival Airbus has outpaced Boeing in production and deliveries. Boeing’s search for a new CEO to replace David Calhoun, who plans to step down at the end of the year, adds to its challenges.

Government Contracts and Future Investigations

Despite the felony conviction, Boeing is unlikely to lose its government contracts. Agencies often grant exceptions for “compelling national interest.” The Defense Department will assess Boeing’s remediation plans before deciding on further actions.

The plea deal resolves only the fraud charge related to the crashes. Other investigations continue, including those by the FBI, National Transportation Safety Board (NTSB), and FAA into Boeing’s manufacturing practices and a recent panel blowout on an Alaska Airlines Max.

Boeing’s agreement to plead guilty marks a significant moment in the aftermath of the 737 Max crashes. While it seeks to move past a major reputational black mark, ongoing scrutiny and dissatisfaction among victims’ families indicate that challenges for the aerospace giant are far from over.

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