Boeing will plead guilty to a criminal fraud charge stemming from two deadly crashes of 737 Max jetliners after the government determined the company violated an agreement that had protected it from prosecution for more than three years, the Justice Department said on Sunday night.
Federal prosecutors gave Boeing the choice this week of entering a guilty plea and paying a fine as part of its sentence or facing a trial on the felony criminal charge of conspiracy to defraud the United States.
Prosecutors accused the American aerospace giant of deceiving regulators who approved the airplane and pilot-training requirements for it.
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The plea deal, which still must receive the approval of a federal judge to take effect, calls for Boeing to pay an additional $360.72 million ($243.6 million) fine.
That was the same amount it paid under the 2021 settlement that the Justice Department said the company breached.
An independent monitor would be named to oversee Boeing’s safety and quality procedures for three years.
The plea deal covers only wrongdoing by Boeing before the crashes, which killed all 346 passengers and crew members aboard two new Max jets.
It does not give Boeing immunity for other incidents, including a panel that blew off a Max jetliner during an Alaska Airlines flight in January, a Justice Department official said.
The deal also does not cover any current or former Boeing officials, only the corporation.
In a court filing on Sunday night, the Justice Department said it expected to file the written plea agreement with the court by July 19.
Federal prosecutors alleged Boeing committed conspiracy to defraud the government by misleading regulators about a flight-control system that was implicated in the crashes, which took place in Indonesia in October 2018 and in Ethiopia less five months later.
As part of the January 2021 settlement, the Justice Department said it would not prosecute Boeing on the charge if the company complied with certain conditions for three years.
Prosecutors last month alleged Boeing had breached the terms of that agreement.
The company’s guilty plea will be entered in US District Court in Texas.
The judge overseeing the case, who has criticised what he called “Boeing’s egregious criminal conduct,” could accept the plea and the sentence that prosecutors offered with it or he could reject the agreement, likely leading to new negotiations between the Justice Department and Boeing.
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Relatives of the people who died in the crashes were briefed on the plea offer a week ago and at the time said they would ask the judge to reject it.
US agencies can use a criminal conviction as grounds to exclude companies from doing business with the government for a set amount of time.
Boeing is an important contractor of the Defence Department and NASA.
The case goes back to the crashes in Indonesia and in Ethiopia.
The Lion Air pilots in the first crash did not know about flight-control software that could push the nose of the plane down without their input.
The pilots for Ethiopian Airlines knew about it but were unable to control the plane when the software activated based on information from a faulty sensor.
The Justice Department charged Boeing in 2021 with deceiving FAA regulators about the software, which did not exist in older 737s, and about how much training pilots would need to fly the plane safely.
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The department agreed not to prosecute Boeing at the time, however, if the company paid a $3.7 billion ($2.5 billion) settlement, including the $360.72 million ($243.6 million) fine, and took steps to comply with anti-fraud laws for three years.
Boeing, which blamed two low-level employees for misleading the regulators, tried to put the crashes behind it.
After grounding Max jets for 20 months, regulators let them fly again after the Boeing reduced the power of the flight software.
Max jets logged thousands of safe flights and orders from airlines picked up, increasing to about 750 in 2021, about 700 more in 2022 and nearly 1,000 in 2023.
The company based in Arlington, Virginia, has dozens of airline customers spanning the globe.
The best customers for the 737 Max include Southwest, United, American, Alaska, Ryanair and flydubai.
Relatives of those who died in the crashes continued pushing the Justice Department to prosecute Boeing and former and current executives, but they admitted the public seemed to be losing interest in questions about the Max’s safety record.
That changed in January, when a panel covering an unused emergency exit blew off a Max during the Alaska Airlines flight over Oregon.
Pilots landed the 737 Max safely and no one was seriously injured, but the incident led to closer scrutiny of the company.
The Justice Department opened a new investigation, the FBI told passengers on the Alaska plane that they might be victims of a crime and the FAA said it was stepping up oversight of Boeing.
A criminal conviction could jeopardise Boeing’s status as a federal contractor, according to some legal experts.
The plea announced on Sunday does not address that question, leaving it to each government agency whether to bar Boeing.
The Air Force cited “compelling national interest” in letting Boeing continue competing for contracts after the company paid a $910 million ($615 million) fine in 2006 to settle criminal and civil charges, including that it used information stolen from a rival to win a space-launch contract.
The company has 170,000 employees and 37 per cent of its revenue last year came from US government contracts.
Most of it was defence work, including military sales that Washington arranged for other countries.
However, agencies often have discretion to let companies convicted of a felony remain eligible for government contracts, according to John Coffee, a Columbia law professor and director of the university’s centre on corporate governance.
Relatives of the Indonesia and Ethiopia crash victims have pushed for a criminal trial that might illuminate what people inside Boeing knew about deceiving the FAA.
They also wanted the Justice Department to prosecute top Boeing officials, not just the company.
“Boeing has paid fines many a time, and it doesn’t seem to make any change,” said Ike Riffel of Redding, California, whose sons Melvin and Bennett died in the Ethiopian Airlines crash.
“When people start going to prison, that’s when you are going to see a change.”
At a recent Senate hearing, Boeing CEO David Calhoun defended the company’s safety record after turning and apologising to Max crash victims’ relatives seated in the rows behind him “for the grief that we have caused.”
Hours before the hearing, the Senate investigations subcommittee released a 204-page report with new allegations from a whistle-blower who said he worried that defective parts could be going into 737s.
The whistle-blower was the latest in a string of current and former Boeing employees who have raised safety concerns about the company and claimed they faced retaliation as a result.
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