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Boeing buys its way out of prison with $2.5 billion for 346 737 MAX deaths

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Boeing is paying $2.5bn to settle criminal charges in the United States that it hid critical safety information from officials. None of the individuals involved will face prison time.

The agreement acknowledges that Boeing was fraudulent and deceptive in its communication with the FAA. Certification of the 737 MAX involved:

Boeing 737 MAX scimitar wingtip

“two of the Company’s 737 MAX Flight Technical Pilots deceiving the Federal Aviation Administration’s Aircraft Evaluation Group about an important aircraft part called the Maneuvering Characteristics Augmentation System (“MCAS”) that impacted the flight controlsystem of Boeing’s 737 MAX.”

You can read our overview of the 737 MAX crashes, and why they happened, in this article.

Boeing has entered into a ‘Deferred Prosecution Agreement’ with the Department of Justice that will see it pay out $2.5 billion. You can see the full text of the agreement here.

The money will be split three ways:

  • Approximately $500m will go to the families of the 346 individuals who died in the two 737 MAX crashes
  • $243m is being charged as a “criminal monetary penalty”
  • $1.7bn will go to airline customers as compensation

It’s not clear whether this $1.7bn takes into account the compensation Boeing has already paid out to airlines who ordered the 737 MAX. On the face of it, it seems odd that the court should order additional compensation for the airlines which have already made private settlements with Boeing.

Boeing CEO David Calhoun said:

“I firmly believe that entering into this resolution is the right thing for us to do – a step that appropriately acknowledges how we fell short of our values and expectations.

“This resolution is a serious reminder to all of us of how critical our obligation of transparency to regulators is, and the consequences that our company can face if any one of us falls short of those expectations.”

It turns out those “consequences” only involve a monetary fine – met entirely by shareholders – with no criminal proceedings for the individuals involved in the fraudulent deception that lead to 346 deaths.

$2.5 billion is less than the $2.8 billion that the United States fined Volkswagen for the diesel emissions scandal which led to no direct deaths. It is far less than the $4 billion BP was fined for Deepwater Horizon oil spill and the associated deaths of 11 workers.

Comments (68)

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  • Baji Nahid says:

    shocking, how to get away with murdering 346 people people. What a disgrace of a judgement. More insulting that the families get $500MIL but the airlines get more? A golden handshake is all it takes.

  • Dubious says:

    Para 19 is illuminating with regards to the corporate culture and the company pressures that drive behaviour:
    “Boeing’s stated objectives in designing the 737 MAX included securing the FAA AEG’s
    determination to require no greater than “Level B” differences training in the 737 MAX FSB Report. Boeing Employee-1 and Boeing Employee-2 understood as much. For example, in or around November 2014, Boeing Employee-2 wrote in an internal Boeing electronic chat communication to Boeing Employee-1 that “nothing can jepordize [sic] level b[.]” In or around December 2014, Boeing Employee-1 wrote in an email to another Boeing employee that “if we lose Level B [it] will be thrown squarely on my shoulders. It was [Boeing Employee-1], yes [Boeing Employee-1]! Who cost Boeing tens of millions of dollars!”

    Seems like the judgement blaming two individual employees ignores the broader company responsibilities.

  • Will CARPMAEL says:

    Sadly capitalism is broken

    • Andrew says:

      In communist countries, those challenging their state owned employer would simply have been shot.

      One side is no better than the other.

    • Travel Strong says:

      In both systems, it’s corruption that is the downfall. Capitalism without corruption = productive competition and innovation.

      FAA and Boeing and Government collusion is corruption, not capitalism.

  • Charlieface says:

    NPR report that ChrisC linked yesterday:

    https://www.npr.org/2021/01/08/954782512/boeing-to-pay-2-5-billion-settlement-over-deadly-737-max-crashes?t=1610194822522

    Quote: “If Boeing complies with the terms of the settlement, in three years the government will drop the criminal charge. That’s important for Boeing, a huge federal defense contractor, because a criminal conviction would prohibit the company from getting future government contracts.”

    Basically the US is trying to protect probably their biggest defence supplier, which is also based in the US, presumably in return for discounts.

    • The Savage Squirrel says:

      I’d imagine that Boeing are such a large supplier in terms of maintaining existing defence capability and equipment as well as future upgrades that there would be a very strong national security interest in not losing them as a supplier, which may have helped weigh the scales of “justice”…

  • Mr(s) Entitled says:

    This stinks. But ‘justice’ very often does when the establishment is involved.

  • PB says:

    Appalling that it should come down to money .

    A slap on the wrist for Boeing , if it is down to cash take as a comparison what the America did to BP , strange that its so inequitable .

    • Alex Sm says:

      Well, but what else you can do when the people are already gone? And, while loss of relatives is a terrible tragedy, getting $1.5m could change life of an Indonesian or an Ethiopian family for ever and for good

  • Niklas Smith says:

    Sadly this Deferred Prosecution Agreement follows the pattern we have already seen in the financial sector:

    1) Big Bank accused of systematic breaches of law

    2) Responsible executives are ”Shocked, shocked!” to find gambling going on at Rick’s (having happily trousered stock-based incentive remuneration inflated by the profits of said illegal gambling)

    3) Responsible executives find some more junior employees to blame

    4) DPA with the regulator blames a couple of Rogue Employees and lets the executives off scot free. Shareholders pay a huge fine.

    5) DPA often does not even include admission of criminal wrongdoing by Big Bank despite multibillion dollar fine. Shareholders are in other words required to pay a fine for a crime that Big Bank supposedly did not commit.

    6) If said Rogue Employees are prosecuted they have far from always been found guilty… (E.g. Tesco, most of the Libor trials.)

    The Boeing DPA follows 1-4 exactly. At least in this case the company has admitted to criminal fraud so for once 5 doesn’t apply. We remain to see if 6 also applies. But the Congressional report into Boeing made clear that the 737 MAX safety problems were the result of much more than two lowly enployees…

    • kitten says:

      get your point but how many people died in the banking stuff

      • Niklas Smith says:

        @kitten: Which is exactly why Boeing should have been treated more harshly than the Big Banks rather than by the same playbook.

        Although given that HSBC was found to be laundering money for Mexican drug cartels I think there must have been some indirect deaths caused by that sort of crime…

        • Bonglim says:

          And the banks that damaged the economy in 2008 certainly cost lives. There is a direct link between financial hardship and shorter life. Multiply that by many many millions of people around the world and it adds up to a lot more than 346 lives.

  • Nigel T says:

    It’s very simple isn’t it:
    VW : German company
    BP: British company
    Boeing: US company – which clearly trumps the deaths of nearly 350 people. “MAGA”!

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