Albany Times Union

Boeing to pay $2.5B in conspiracy case

Prosecutor­s say firm’s employees concealed info about 737 Max

- By David Koenig

Boeing will pay $2.5 billion to settle a criminal conspiracy charge for misleading regulators about the safety of its 737 Max aircraft, which suffered two deadly crashes shortly after entering airline service.

The Justice Department said Thursday that Boeing agreed to the settlement that includes money for the crash victims’ families, airline customers and a criminal fine.

Prosecutor­s said Boeing employees concealed important informatio­n about the plane from the Federal Aviation Administra­tion, then covered up their actions.

“The misleading statements, half-truths, and omissions communicat­ed by Boeing employees to the FAA impeded the government’s ability to ensure the safety of the flying public,” said Erin Nealy Cox, the U.S. Attorney in Dallas.

“Boeing ’s employees chose the path of profit over candor,” said David Burns, acting assistant attorney general for the Justice Department’s criminal division.

Boeing CEO David Calhoun said settling the charge “is the right thing for us to do — a step that appropriat­ely acknowledg­es how we fell short of our values and expectatio­ns.” He said it would remind Boeing employees to be transparen­t with regulators.

The government will drop the criminal charge after three years if Boeing follows the terms of the settlement.

Boeing began working on the Max in 2011 as the answer to a new, more fuel-efficient model from European rival Airbus. Boeing admitted in court filings that two of its technical pilot experts deceived the FAA about a flight-control system called the Maneuverin­g Characteri­stics Augmentati­on System, or MCAS, that could point a plane’s nose down if sensors indicated the plane might be in danger of an aerodynami­c stall — that it might fall from the sky.

Boeing downplayed the significan­ce of MCAS and didn’t mention it in airplane manuals. Most pilots didn’t know about it.

The first airlines began flying the 737 Max in mid-2017. On Oct. 29, 2018, a Max operated by Indonesia’s Lion Air plunged into the Java Sea. The FAA let the Max keep flying, and on March 10, 2019, another Max operated by Ethiopian Airlines crashed nearly straight down into a field. In all, 346 people were killed.

On both flights, MCAS was activated by a faulty reading from a single sensor. The system repeatedly pushed the planes’ noses down, and pilots were unable to regain control.

After the planes were grounded worldwide, Boeing changed MCAS so that it always uses two sensors, along with other changes, some ordered by the FAA.

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