NEW YORK/WASHINGTON April 24 (Reuters) -
U.S. Department of Justice officials are planning to decide
as soon as late May whether Boeing ( BA ) violated an agreement
that shielded the planemaker from criminal prosecution over
fatal crashes in 2018 and 2019, people familiar with the matter
said.
Justice Department officials revealed the timeline in a
closed-door meeting on Wednesday where families of the victims
of the two Boeing 737 MAX crashes pressed U.S. officials to
criminally prosecute the planemaker.
The families have argued that Boeing ( BA ) violated a 2021
deal with prosecutors to overhaul its compliance program
following the crashes, which killed 346 people.
Federal prosecutors had agreed to ask a judge to dismiss a
criminal charge against Boeing ( BA ) so long as it complied with the
deal's terms over a three-year period.
A panel, however, blew off a new Boeing 737 MAX 9 jet during
a Jan. 5 Alaska Airlines flight, just two days before
the 2021 agreement expired.
Justice Department officials are now weighing that incident
as part of a broader probe into whether Boeing ( BA ) violated the
deal, known as a deferred prosecution agreement, or DPA, two
people familiar with the matter told Reuters.
A government official at the Wednesday meeting said the
Justice Department will likely decide by the end of May if they
believe there was a breach or not, two sources told Reuters.
If the DOJ decides there was a breach, they would have
another meeting about the next steps, such as extending the DPA,
negotiating a guilty plea or taking the case to trial, the
sources said.
Family members argue an independent monitor is needed to
ensure Boeing's ( BA ) compliance with the agreement. Boeing's ( BA ) deal had
no such requirement, unlike some past agreements with other
companies.
Boeing ( BA ) was not immediately reachable for comment, while the
Justice Department declined comment.
In January 2021, Boeing ( BA ) agreed to pay $2.5 billion to
resolve a criminal investigation into the company's conduct
surrounding the crashes. The U.S. planemaker agreed to
compensate victims' relatives and overhaul its compliance
practices as part of the deal with prosecutors.
In an earlier April meeting with family members' lawyers,
Justice Department officials said they were looking at
circumstances outlined in the 2021 deal that could put Boeing ( BA ) in
breach of the agreement, such as the company committing a felony
or misleading U.S. officials, one of the people familiar with
the matter said.
The agreement gives U.S. officials six months from the
deal's Jan. 7 expiration to decide whether to prosecute Boeing ( BA )
on a charge that the company conspired to defraud the Federal
Aviation Administration or pursue other alternatives to
dismissing the case.
Officials plan to do so within that time frame while
investigations into the Jan. 5 in-flight blowout continue, which
could inform their decision, one of the people said. The people
spoke on condition of anonymity.
Prosecutors are expected to lean heavily on findings from
the FAA's investigations, one of the people previously told
Reuters.
The FAA, for instance, is investigating a Boeing ( BA ) engineer's
claims that the company dismissed safety and quality concerns in
the production of the planemaker's 787 and 777 jets.
In a congressional hearing last week, the engineer testified
that Boeing ( BA ) sidelined him when he raised concerns. Reuters has
not independently verified his claims, which Boeing ( BA ) has
disputed.