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United States

Boeing May Face Criminal Prosecution Over 737 Max Crashes, US Says (bbc.com) 62

The Department of Justice says it is considering whether to prosecute Boeing over two deadly crashes involving its 737 Max aircraft. From a report: The aviation giant breached the terms of an agreement made in 2021 that shielded the firm from criminal charges linked to the incidents, the DOJ said. Boeing has denied that it violated the agreement. The crashes - one in Indonesia in 2018, and another in Ethiopia in 2019 - killed a total of 346 people.

The plane maker failed to "design, implement, and enforce a compliance and ethics program to prevent and detect violations of the US fraud laws throughout its operations," the DOJ said. Boeing said it was looking forward to the opportunity to respond to the Justice Department and "believes it honoured the terms of that agreement." Under the deal, Boeing paid a $2.5bn settlement, while prosecutors agreed to ask the court to drop a criminal charge after a period of three years. The DOJ said Boeing has until 13 June to respond to the allegations and that what it said would be taken into consideration as it decides what to do next.

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Boeing May Face Criminal Prosecution Over 737 Max Crashes, US Says

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  • Any jail time? (Score:5, Insightful)

    by iAmWaySmarterThanYou ( 10095012 ) on Wednesday May 15, 2024 @09:17AM (#64473793)

    Unless someone goes to jail criminal charges mean nothing.

    • If corporations are “persons” they need to feel criminal penalties like real people. Wage theft should be treated just as seriously as an individual committing any other theft, except scaled up proportionally to the number of victims.

    • Re:Any jail time? (Score:4, Informative)

      by geekmux ( 1040042 ) on Wednesday May 15, 2024 @09:44AM (#64473913)

      Unless someone goes to jail criminal charges mean nothing.

      Until more people realize this is nothing but a distraction, more whistleblowers will end up dead.

      You know, the kinds of whistleblowers that would help secure criminal convictions.

      • Re:Any jail time? (Score:5, Insightful)

        by Wonko the Sane ( 25252 ) * on Wednesday May 15, 2024 @10:39AM (#64474119) Journal
        Are there going to be any more whistleblowers after the last two ended up dead?
  • A "company" is an abstraction. It doesn't make decisions. It can't go to jail.

    At some point, there was a person who actually made these decisions. A person who may not even work for Boeing or own any stock in the company any more. Prosecute them!

    • by ArchieBunker ( 132337 ) on Wednesday May 15, 2024 @09:46AM (#64473923)

      I feel a better punishment would be Boeing having to forfeit 51% ownership to the federal government. Now they can't be concerned over only the bottom line and get back to doing great engineering work. Their corporate practices are a public safety hazard.

      • by Viol8 ( 599362 )

        You think politicians would do any better? Are you mad??

        • 25% of Airbus is owned by three countries.

          Government of France (10.86%)
          Government of Germany (10.84%)
          Government of Spain (4.090%)

      • This would punish people who did nothing wrong except hold shares in a company where someone on the board or management broke the law, but completely let off the members of the board or management who broke the law but have since left.
      • I feel a better punishment would be Boeing having to forfeit 51% ownership to the federal government.

        WTF? Absolutely NOT. The government should NOT own the means of production; otherwise, it would be labelled, legitimately, Socialist and moving into Communist.

        Boeing needs complete and total destruction with executives going to prison. That will leave space for better managed companies that are not rotten to the core to step up and take on the responsibilities needed... or is this all entirely about cash flows still?

    • by HiThere ( 15173 )

      Actually, it effectively could be. You could suspend it's right to act as a limited liability corporation for some period of time. But that would often be equivalent to a death sentence.

    • A "company" is an abstraction. It doesn't make decisions. It can't go to jail.

      It can't be bargained with. It can't be reasoned with. It doesn't feel pity, or remorse, or fear! And it absolutely will not stop, ever, until you are dead!

    • Individuals within the company can face criminal liability for actions that they took while representing, or misrepresenting, the company. For instance the individual person who signed the application for the airworthiness certificate, Chief Project Engineer Michael Teal, warranted that the information that the company provided to substantiate that application was complete and correct. If it can be shown that he knew that information was not complete or correct, OR if he had the duty to know but neglected
  • by gweihir ( 88907 )

    The original deal was an utter disgrace. Fortunately, Boeing was incapable of adhering to ist conditions.

  • by hsmith ( 818216 ) on Wednesday May 15, 2024 @09:51AM (#64473937)
    Will be low level engineers. The C*O will keep their golden parachutes and live the life of luxury
    • 100%. the piercing of the corporate veil to actually punish the people that made the decisions happens all too rarely in the USA.
      • I can't even remember the last time an executive has been charged with criminal negligence. What's the point of having the law if it's never going to be enforced?
  • by schwit1 ( 797399 ) on Wednesday May 15, 2024 @09:55AM (#64473955)

    The government has blood on its hands too

    • by ArchieBunker ( 132337 ) on Wednesday May 15, 2024 @10:31AM (#64474093)

      Things like that happen when you intentionally hamstring regulatory agencies for the benefit of corporate masters. https://nffe.org/nffe_news/tru... [nffe.org]

    • Federal employees are not immune from the purview of the DOJ so if someone is found criminally negligent they can also (and have) been brought on charges as well.

      That said part of criminal law is proving intent and the evidence would have to show people at the FAA were intentionally lapsing from their duties. Not having resources, being understaffed, restricted by what the precedents say you can do to a company, these are not criminal, those are admin reforms.

      A criminal case against Boeing is going to rely

      • If non-C-suite people falsified inspection documents or design documents that went to FAA regulator, then start prosecuting because it will cause lower level people to stop signing false documents today. People can be convicted of crimes without specific intent. A pattern of false documents to FAA could be a conspiracy. Some good explanation at https://www.law.cornell.edu/we... [cornell.edu]
        • That covers a whole different crime as I imagine signing false documents probably could qualify as criminal regardless of intent, depends what the charges are.

          I absolutely think and hope that the charges here from the DOJ if they bring them will include conspiracy, there's just no way this was a couple people pulling the strings behind the well meaning majority of execs for as much as they'll probably try to paint it as that.

          The DOJ has like a 93% conviction rate so if a US attorney brings some charges that

  • Arthur Miller wrote All My Sons in 1946. True, it had a basis in a very similar situation:

    A news story described how in 1941–43 the Wright Aeronautical Corporation based in Ohio had conspired with army inspection officers to approve defective aircraft engines destined for military use.

    The fact that it wasn't military this time, and "just simple profiteering"...

    The military officers were relieved of duty and convicted of crimes. No word on what happened to the civilians.
    I'm sure someone will know.

    • by jacks smirking reven ( 909048 ) on Wednesday May 15, 2024 @11:30AM (#64474335)

      Here, I'll do the work for you if anyone is in fact interested there is a decent writeup here.

      Doesn't say if there were individual criminal charges but the company was investigated and were out of the airplane business by 1948.

      The Scandal that Led to Harry S. Truman Becoming President And Marilyn Monroe Getting Married [historynet.com]

      Chaos took over the company’s front office as the focus shifted to profit-taking at the expense of R&D. As the excellent book Curtiss-Wright: Greatness and Decline puts it, “A vigorous and well-planned course of action was desperately needed. This, in turn, required a high degree of managerial skill and perhaps a bit of luck. Curtiss-Wright, it seemed, lacked both.” The leadership that took over Curtiss-Wright “came from the world of corporate finance and investment banking,” the book notes, “and had almost no direct connection with, or understanding of, the aviation industry.” By the mid-1950s, Curtiss-Wright “no longer had a distinct identity. The company had no viable product to develop and sell, and overdiversification was dissipating its resources.”

      A once respected company ruined by profit taking and corporate stooges. Tale as old as time.

      • Sounds like Boeing today... Actually a LOT of companies. Can you say Solarwinds or Ivanti/Pulse secure?

  • if its anything like past enforcement - Boeing get to determine what enforcement is construed as and if it has been met and if you disagree - it;s unfortunate you may be involantarily unalived,
  • how much will boeing "donate" to the democrat party in this shakedown?
    • It's the Democratic Party. Do you like it when we call your buddies Rethuglicans, or claim (with some good cause) GOP stands for Grifters, Oglers and Perverts?

      And why would Boeing donate to the Democratic Party? Republicans control Congress, and that's who controls the purse strings.

  • Will Boeing go to jail if found guilty?

  • I'll give it to the U.S. government on this one. Since almost everyone who has gone after Boeing so far has ended up suffering a fortuitous death, our government is definitely showing a surprising amount of guts. Are there mutual funds or ETFs for goods and services in the funeral industry?
  • If just one of the elite has to pay a real price, not money, they will always have money, then things can change.
    If not they will only look to the stock value and next quarter revenue.

    An airplane manufacturer should not be allowed to work this way.

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