July 24 (Reuters) - Boeing ( BA ) finalized a guilty
plea to a criminal fraud conspiracy charge and agreed to pay a
$243.6 million fine after it breached a 2021 deferred
prosecution agreement with the U.S. Justice Department,
according to a court filing on Wednesday.
The planemaker allowed potentially risky work at its
factories and did not ensure key airplane record keeping was
accurate or complete, the Justice Department said as it outlined
why it believed the planemaker had violated the 2021 deal.
Boeing ( BA ) on July 7 agreed in principle to plead guilty to
conspiring to defraud the Federal Aviation Administration after
the government said the planemaker knowingly made false
representations about key software for the 737 MAX.
Boeing ( BA ) confirmed on Wednesday that it had filed a detailed
plea agreement with the Justice Department. "We will continue to
work transparently with our regulators as we take significant
actions across Boeing ( BA ) to further strengthen our safety, quality
and compliance programs," the company said.
The Justice Department said in May that Boeing ( BA ) had breached
its obligations in the agreement that shielded the planemaker
from criminal prosecution stemming from misrepresentations about
a key software feature tied to fatal 737 MAX crashes in 2018 and
2019 that killed 346 people.
The finding was made in the wake of a January in-flight
panel blowout on an Alaska Airlines 737 MAX that exposed
continuing safety and quality issues at Boeing ( BA ), just two days
before the 2021 agreement shielding it from prosecution over the
previous fatal crashes expired.
DOCUMENTATION NOT COMPLETED
The Justice Department said in its court filing that Boeing ( BA )
failed to ensure employees documented removal of parts during
manufacturing of an airplane and it did not ensure mechanics and
inspectors who stamped they completed work had actually done so.
The Justice Department said Boeing ( BA ) in April disclosed
false stamping at its 787 plant in South Carolina by some
employees. The FAA said in May it was investigating after Boeing ( BA )
said some employees at the plant had committed "misconduct" by
claiming some tests had been completed.
Boeing ( BA ) also did not ensure work on airplanes was
conducted in the proper sequence, the Justice Department said.
"Boeing ( BA ) senior executives prioritized the movement of
aircraft through Boeing's ( BA ) factories over reducing
out-of-sequence work to ensure production quality," the filing
said. "Out-of-sequence work is more difficult to perform (and)
increases the risk that defects in manufacturing will occur."
The Justice Department has a separate criminal probe ongoing
into the Alaska Airlines jet that was missing four key bolts.
Boeing ( BA ) has said no paperwork detailing the removal of the bolts
was completed.
As part of the guilty plea deal, the planemaker agreed
to spend at least $455 million over the next three years to
boost safety and compliance programs, said the filing, adding
that was 75% higher than Boeing's ( BA ) previously planned
expenditures on its corporate compliance program.
Families of those killed in the MAX crashes will be able
to file objections within a week before Judge Reed O'Connor, who
will decide whether to accept the deal and determine if Boeing ( BA )
owes restitution to the victims' relatives.
Boeing's ( BA ) board will have to meet with the relatives within
four months of sentencing, the filing added.
The deal also imposes an independent monitor, who will
have to publicly file annual progress reports, to oversee the
firm's compliance. Boeing ( BA ) will be on probation during the
monitor's three-year term and it can be extended by a year if
Boeing ( BA ) does not comply with the terms.