According to US authorities, Boeing violated an agreement to avoid prosecution after two crashes of its 737 MAX.

Boeing could find itself in court a few years after two fatal crashes. The US Department of Justice said Tuesday in a letter addressed to a federal judge that the manufacturer failed to comply with certain terms of an agreement that allowed it to avoid prosecution for two 737 MAX crashes that killed a total of 346 people in late 2018 and early 2019. of the year. The company disputes the charges.

“Boeing is now subject to prosecution” in the case, wrote the ministry, which says it is looking into whether or not to prosecute the US planemaker, which has already found itself in the eye of a storm after several recent incidents. The company will have until June 13 to respond to the charges, the explanations of which will be reviewed by the prosecutor’s office to make a decision, which will be made no later than July 7, AP News reports.

“Boeing violated its obligations”

The aeronautics giant entered into a $2.5 billion settlement with US authorities on January 7, 2021. Under that agreement, it admitted that it had committed fraud – that is, it deceived federal regulators – in exchange for the Justice Department dropping some of the criminal prosecutions brought against it after two fatal accidents. On October 29, 2018, a Lion Air 737 MAX 8 crashed into the sea about ten minutes after takeoff from Jakarta, killing 189 people. On March 10 the following year, the same Ethiopian Airlines model crashed six minutes after takeoff near Addis Ababa, killing 157 people.

Federal authorities “found that Boeing violated its obligations” under the agreement by “failing to plan, implement and enforce a program” designed to comply with U.S. laws “in all of its operations,” the letter noted. “For failure to fully comply with the terms and obligations” of the agreement, “Boeing is subject to prosecution by the (federal government) for any criminal offense” of which the prosecution is aware, the legal document states.

For its part, the company instead maintains that it has “complied with the terms of this agreement,” saying in a press release that it is prepared to “respond” in the case, which is before a federal judge in Texas. “We will cooperate with the ministry with maximum transparency, as we have done throughout the entire duration of the agreement,” he assured, as quoted by AP News.

“Good first step”

The letter from the American ministry is a “huge victory,” Catherine Berthe, who lost her daughter Camilla in the Ethiopian Airlines plane crash, responded to AFP. “We will seek a manslaughter trial against Boeing and its executives.” Paul Cassell, an attorney representing the victims’ families, was more measured: It’s “a good first step,” but “we need to see more action from the Department of Justice to hold Boeing accountable,” he said in a statement.

Tuesday’s doubt over the agreement comes in a difficult context for Boeing. Since early 2023, the manufacturer has been plagued by production problems related to poor quality control affecting its flagship 737 MAX and 787 Dreamliner aircraft.

The Jan. 5 loss of a cap holder on a new Alaska Airlines plane began a domino game that has already led to the fall of several Boeing managers, such as its boss Dave Calhoun, as well as limited production of the 737 MAX. . Since then, several whistleblowers have testified before Congress to prevent “serious problems” at the plant. Without changes, “every person who boards a Boeing is at risk,” one warned.

These latest incidents have heightened authorities’ scrutiny of aircraft reliability and compliance with safety procedures, and even dragged US civil aviation regulator the FAA into chaos.