The plea agreement reached between Boeing and the US Department of Justice regarding the two major air crashes involving the 737 MAX aircraft has been protested by the families of the victims and requested to be dismissed by the court. The Ministry of Justice said on the 14th that the agreement is a "powerful" solution that is in the public interest, and due to insufficient evidence, the Ministry of Justice cannot prosecute Boeing on more serious criminal charges.
In a document submitted to the court on the 14th, the US Department of Justice stated that the plea agreement is "strong and significant, as it holds Boeing accountable and is in the public interest. The Department of Justice stated that there is no conclusive evidence to prove that Boeing's fraudulent behavior directly led to the two air crashes, and that the losses or gains caused by its fraudulent behavior exceeded the agreed fine of $243.6 million.
This is a photo of the US Department of Justice building taken on May 29, 2019 in Washington, D.C. Photo by Xinhua News Agency reporter Liu Jie
In October 2018 and March 2019, Lion Air Indonesia and Ethiopian Airlines flights crashed, resulting in a total of 346 fatalities. All crashed planes were Boeing 737 MAX. The investigation found that the cause of the accident was related to a security design vulnerability in the new software system of the aircraft model, and Boeing deliberately concealed its risks from the Federal Aviation Administration to obtain airworthiness certification for the aircraft model, nor did it strengthen pilot training on the software system.
Boeing and the US Department of Justice reached a three-year deferred prosecution agreement in 2021, accepting a fine of $243.6 million and promising to rectify the situation. In January of this year, a 737 MAX aircraft operated by Alaska Airlines was found by the Department of Justice to have violated the agreement after the door stopper on the fuselage fell off during flight. In July of this year, Boeing reached a plea agreement with the Department of Justice, admitting to committing the crime of "conspiring to defraud the US government" in the process of seeking airworthiness certification for the MAX aircraft model, and accepting fines equivalent to the 2021 agreement, with a total amount not exceeding $487.2 million; Boeing has also committed to investing at least $455 million in compliance improvements over the next three years. If the plea agreement is approved by the court, Boeing can avoid the reputational damage and heavier penalties that may arise from a lengthy trial.
On June 18th, in Washington, D.C., people raised signs in protest during Boeing CEO Dave Calhoun's congressional hearing. Photo by Xinhua News Agency reporter Liu Jie
However, many families of the victims believe that Boeing's punishment was too lenient and have requested the court to reject the plea agreement.
According to the Associated Press, federal district judge Reed O'Connor in charge of this case will decide whether to approve the plea agreement. If he rejects the agreement, Boeing and the Department of Justice may need to renegotiate the terms of the agreement. The Ministry of Justice stated that if the case enters the trial process, it will also prosecute Boeing on the same charge of conspiracy to commit fraud, without adding any other charges.
The US Department of Justice is still conducting a criminal investigation into the January security breach incident. According to the Department of Justice, the plea agreement "does not provide immunity for any other misconduct by (Boeing)," including the door stopper detachment incident.
Since the beginning of this year, there have been whistleblowers exposing Boeing's quality and safety control issues, involving 737 MAX, 787 and other aircraft models, as well as Boeing's key component suppliers, including Sharp Aviation Systems. A series of quality and safety issues have plunged Boeing into a credibility crisis, resulting in high losses and significant personnel adjustments at the senior level.