WASHINGTON- The criminal investigation by the Department of Justice into the mid-exit door plug blowout on the Alaska Airlines (AS) Boeing 737 MAX 9 (737-9) in January is underway.
According to reports from The Wall Street Journal, investigators have contacted passengers and crew on the January 5th flight.
DOJ Boeing 737 MAX
The DOJ is set to examine whether Boeing adhered to the terms of a 2021 settlement, which was prompted by two fatal crashes linked to flaws in Boeing’s 737 MAX Maneuvering Characteristics Augmentation System.
In that previous case, Boeing faced charges from the DOJ related to a “conspiracy to defraud the Federal Aviation Administration’s (FAA) Aircraft Evaluation Group.”
The separation of the mid-exit door plug from the fuselage during Alaska Airlines Flight 1282 resulted in an emergency landing, prompting increased scrutiny of Boeing’s production and quality control processes.
Alaska Airlines has confirmed the ongoing investigation by the Department of Justice (DOJ). The airline stated, “In a situation of this nature, it is customary for the DOJ to conduct an investigation. We are actively cooperating and do not perceive ourselves as a subject of the inquiry.”
The preliminary report from the National Transportation Safety Board (NTSB) has been released, linking the door plug blowout to the absence of four bolts. These missing bolts were crucial in preventing the upward and outward movement of the door plug during flight.
During a Senate Committee session, NTSB Chair Jennifer Homendy criticized Boeing for not furnishing documentation on repairs to the edge frame in front of the door plug. This maintenance reportedly involved the removal of the essential bolts.
Homendy expressed frustration, stating, “It is unreasonable that we still don’t have this information two months later.”
737 MAX Incident Improper Paperwork
In response to Homendy’s testimony before the Committee, Boeing initially implied the possible non-existence of relevant work records regarding the repair.
Boeing’s Ziad Ojakli, the executive vice president of government operations, formally acknowledged in the company’s response to a 48-hour warning letter from Senator Maria Cantwell on Friday that they could not locate the records.
Ojakli explained, “With regard to documentation of the opening and closing of the door plug, our team has repeatedly informed the NTSB that we have extensively searched and found no such documentation.”
He further shared Boeing’s working hypothesis that the required documents were not generated when the door plug was opened, resulting in a lack of documentation.
Addressing Homendy’s frustration over the company’s delays in providing crucial information, Ojakli stated, “Boeing was unaware of any complaints or concerns regarding a lack of collaboration.”
In addition, The Seattle Times reported that Jack Kingston, a contracted Boeing lobbyist and former U.S. Representative, attempted to undermine Homendy’s testimony to the Senate Committee in an email sent to Republican members of Congress after the hearing.
Both Kingston and Boeing quickly distanced themselves from the problematic email, asserting that Kingston’s office had unintentionally sent it.
Boeing DOJ 2021 Settlement
In 2021, Boeing agreed with the DOJ to settle a criminal charge related to a conspiracy to deceive the FAA’s Aircraft Evaluation Group while assessing technical details for approval of 737 MAX aircraft.
Under the terms of the agreement, Boeing committed to a payment exceeding $2.5 billion. This included a criminal monetary penalty of $243.6 million, compensation payments totaling $1.77 billion to 737 MAX airline customers, and a $500 million fund for crash-victim beneficiaries to provide compensation to the heirs and relatives of the 346 passengers who lost their lives in the 737 MAX crashes.
Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division, commenting on the settlement, stated,
“The tragic crashes of Lion Air (JT) Flight 610 and Ethiopian Airlines (ET) Flight 302 exposed fraudulent and deceptive conduct by employees of one of the world’s leading commercial airplane manufacturers.”
Burns emphasized that Boeing’s employees prioritized profit over transparency, concealing crucial information from the FAA and attempting to cover up their deception. The resolution aimed to hold Boeing accountable for its employees’ criminal actions, address the financial impact on Boeing’s airline customers, and offer compensation to the families and beneficiaries of crash victims.
U.S. Attorney Erin Nealy Cox for the Northern District of Texas, as highlighted in the DOJ statement, emphasized the gravity of the case, stating,
“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.”
Cox asserted that this case clearly conveys that the DOJ will hold manufacturers accountable for defrauding regulators, especially in high-stakes industries like aviation.
Continuous Cooperation and Compliance
Upon entering a Deferred Prosecution Agreement with the Fraud Section, Boeing pledged continuous cooperation with investigations, mandatory reporting of any fraud violations, enhancement of its compliance programs, and regular reporting on the efficacy of its compliance measures.
As part of the settlement, Boeing took remedial actions, including establishing safety oversight committees, restructuring its engineering and safety functions, and revising policies and training, especially concerning communications with the FAA. Notably, no independent compliance monitor was appointed, considering the limited scope of the misconduct, Boeing’s proactive disclosures to the FAA, and the improvements made to its compliance and internal control systems.
However, a thorough review of Boeing’s safety management systems by an expert panel, prompted by the Alaska Airlines incident, revealed a failure to instill an effective safety management culture. The panel identified 27 areas of concern in Boeing’s safety management practices and issued 53 recommendations.
The FAA’s audit of Boeing’s manufacturing processes uncovered several instances of non-compliance. In response, the FAA granted Boeing a 90-day period to formulate a turnaround plan.
Stay tuned with us. Further, follow us on social media for the latest updates.
Join us on Telegram Group for the Latest Aviation Updates. Subsequently, follow us on Google News.