22 June 2024

No

It is fairly clear now that Boeing violated the settlement relating to the B-737 MAX crashes, which means that they could be charged criminally for this behavior, but it appears that the Department of Justice will give them another chance.

No.  Just no.

You need a criminal prosecution with senior executives in personal criminal jeopardy: 

The Justice Department is considering allowing Boeing to avoid criminal prosecution for violating the terms of a 2021 settlement related to problems with the company’s 737 Max 8 model that led to two deadly plane crashes in 2018 and 2019, according to people familiar with the discussions.

The department is expected to make a decision on the case by the end of the month. Prosecutors have not made a final call, nor have they ruled out bringing charges against Boeing or negotiating a possible plea deal in which the company admits some culpability, the people said.

It is possible that any negotiated resolution — either in the form of an agreement to defer prosecution or a plea deal in which the company would admit wrongdoing — would include the appointment of an independent monitor to oversee the company’s safety protocols.

Yes, it is possible that if Boeing is tried criminally they may be found not guilty. 

That does not matter.  If prosecutors never file a criminal case because they fear losing, any deterrent effect is lost.

………

Federal prosecutors said in May that Boeing had violated a previous deferred prosecution agreement by failing to set up and maintain a program to detect and prevent violations of U.S. anti-fraud laws. The settlement was reached in 2021, after Boeing admitted in court that two of its employees had misled federal air safety regulators about a part that was at fault in the two crashes.

The aircraft manufacturer’s violation of that settlement allowed the Justice Department to file criminal charges. But some department officials have expressed concern that bringing criminal charges against Boeing would be too legally risky. Officials see the appointment of an independent watchdog as a quicker, more efficient way to ensure that the troubled company improves safety, manufacturing and quality control procedures.

Officials are chicken sh%$s.  You need to convict them, which, in addition to opening up the aerospace manufacturer to additional civil liability, would make criminal prosecutions of the executives responsible for this more, well, responsible.

Also, any settlement, or judgement for that matter, which allows Boeing to continue to execute stock buy-backs should be a complete non-starter as well.

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