The Mercury News Weekend

Boeing to pay $2.5B to settle 737 Max charge

- My Alan Levin

Boeing Co. agreed to pay $2.5 billion to settle criminal charges that it defrauded the U. S. government by concealing informatio­n about the ill-fated 737 Max that was involved in two fatal crashes.

The U. S. planemaker entered into a deferred prosecutio­n agreement in the Northern District of Texas on Thursday, the Justice Department said in a press release.

“The tragic crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302 exposed fraudulent and deceptive conduct by employees of one of the world’s leading commercial airplane manufactur­ers,” Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division said in a statement.

Boeing shares fell less than 1% to $211.26 after the close of regular trading in New York.

A design flaw in the Max helped lead to the two crashes within about five months in 2018 and 2019, killing 346 people. Several investigat­ive reports have found that the company altered a flight control sys

tem, but didn’t fully explain the changes to Federal Aviation Administra­tion inspectors.

“I firmly believe that entering into this resolution is the right thing for us to do — a step that appropri

ately acknowledg­es how we fell short of our values and expectatio­ns,” Boeing Chief Executive Officer Dave Calhoun said in a message to employees. “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.”

The action is the latest to hit the planemaker’s bottom line. The company’s inability to deliver planes during the ground and cancellati­ons of previous orders have cost the

company billions of dollars.

Of the $2.5 billion, Boeing has already set aside $1.77 billion to reimburse airlines and other Max customers. The company said it expected to incur an additional $743.6 million charge for the fourth quarter of 2020, as it pays a $243.6 million penalty and $ 500 million in additional compensati­on for the families of the crash victims. Boeing is scheduled to report earnings for the quarter on Jan. 27.

T he plane, Boeing’s

best- selling model, was grounded for 20 months while the FAA and regulators in other nations oversaw design changes to address problems revealed in investigat­ions. The FAA lifted its grounding on Nov. 18, provided airlines completed a list of repairs and revamped pilot training.

A criminal investigat­ion into how the plane was designed and approved began after the Oct. 29, 2018, crash off the coast of Indonesia of a Lion Air flight, but before the second accident near Addis Ababa.

“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 f lying public,” U. S. Attorney Erin Nealy Cox for the Northern District of Texas said in a press release. “This case sends a clear message: The Department of Justice will hold manufactur­ers like Boeing accountabl­e for defrauding regulators — especially in industries where the stakes are this high.”

 ?? ELAINE THOMPSON — THE ASSOCIATED PRESS ?? Boeing will pay $2.5 billion to settle a criminal charge related to its troubled 737Max jetliner. The Justice Department announced the settlement on Thursday. Boeing shares fell 1 percent.
ELAINE THOMPSON — THE ASSOCIATED PRESS Boeing will pay $2.5 billion to settle a criminal charge related to its troubled 737Max jetliner. The Justice Department announced the settlement on Thursday. Boeing shares fell 1 percent.

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