Two Democratic senators sent a letter to Attorney General Merrick Garland, pressing him to take a tougher approach to Boeing and criminally prosecute the company’s executives for not doing enough to ensure passenger safety on its aircraft.
The letter, from Senators Elizabeth Warren of Massachusetts and Richard Blumenthal of Connecticut, criticized the Justice Department for not doing enough to hold Boeing accountable, as the company continues to grapple with ongoing safety issues, including a January incident in which a panel blew off an Alaska Airlines flight midair.
“Serious safety issues continue to appear with Boeing planes, despite D.O.J.’s past efforts,” the letter states. “In the past six years, Boeing has cycled through three different C.E.O.s, each promising to improve safety at the company. Meanwhile, Boeing machinists, Boeing managers and the National Transportation Safety Board continue to highlight ongoing safety concerns at the company.”
On Sept. 26, the National Transportation Safety Board issued an emergency safety alert for some Boeing planes after learning of a defect that could cause the rudder control system that helps to steer the aircraft to jam.
The warning applies to some of the company’s 737 Max and 737NG jets and stems from the agency’s investigation into a United Airlines Boeing 737 Max 8 that experienced “stuck” rudder pedals while landing at Newark Liberty International Airport in February.
In their letter, Ms. Warren and Mr. Blumenthal said that the Justice Department’s “continued refusal to criminally prosecute responsible individuals” had allowed Boeing to engage in a culture “that has promoted short-term profit over passenger safety.”
Boeing declined to comment. A spokesperson for the Justice Department confirmed receipt of the letter but declined to comment further.
Boeing is in the middle of several federal investigations, including a Justice Department inquiry into the Alaska Airlines incident. Separately, the Federal Aviation Administration also opened an investigation after Boeing told the agency it might have skipped required inspections involving the wings of some 787 aircraft.
The Justice Department has come under criticism from lawmakers and others for not doing enough to hold Boeing accountable for the culture changes the company promised to undertake after two crashes involving Boeing 737 Max jets killed 300 people in 2018 and 2019.
In a deal with the Justice Department, Boeing pleaded guilty in July to a felony charge of conspiring to defraud the federal government in connection with the two fatal crashes. It also agreed to pay a $487.2 million fine, the maximum allowed by law, and invested at least $455 million over the next three years to enhance its compliance and safety programs.
But in May, the Justice Department had determined Boeing violated the terms of the deferred prosecution agreement reached between the two entities to settle the Max crash. The determination stemmed from Boeing’s failure to create and maintain a program to detect and prevent violations of U.S. anti-fraud laws.
The company was placed on probation, supervised by the Federal District Court for the Northern District of Texas, for three years. As part of the probation, the Justice Department will appoint an independent compliance monitor to ensure that safety measures were implemented and followed, with annual reports submitted to the government.
The families expressed disappointment over the July plea deal, saying the Justice Department still hasn’t doing enough to hold Boeing accountable. On Oct. 11, the families will have a hearing in Texas where a judge will listen to their objections about the deal.
Those who lost relatives or loved ones in the crash have long called on federal prosecutors to pursue charges against Boeing’s executives. But the Justice Department has been reluctant after losing a case it brought against Mark A. Forkner, a former Boeing technical pilot, who it claimed had lied to the F.A.A. about the flight control system used in the Max jet involved in the fatal crashes.
A jury acquitted Mr. Forkner of accusations that he defrauded two of the company’s customers. The case remains the only criminal case against an individual connected to the troubled Boeing 737 Max jet issues.
Ms. Warren, in a statement, said the Justice Department should try harder to prosecute Boeing executives.
“When corporations like Boeing break the law and people die because of decisions to put profit over safety, executives who are responsible should be criminally prosecuted,” she said. “Far too often, the Department of Justice has allowed corporate criminals to escape accountability with monetary settlements that executives treat as just the cost of doing business. It’s dangerous and denies victims justice.”
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