The U.S. Department of Justice (DOJ) is currently engaged in investigating the loss of the fuselage plug of the Alaska Air Boeing 737 MAX that occurred last month. This raises questions about the compliance with the non-prosecution agreement signed in 2021 to conclude the proceedings for the Lion Air and Ethiopian Airlines accidents, opening the door to potential criminal liability for the company.
As reported by Seattle Times, the DOJ is investigating whether the incident of Alaska Air flight 1282 falls within the scope of the 2021 non-prosecution agreement. Under this agreement, Boeing implemented a program aimed at preventing fraud against the Federal Aviation Administration (FAA). The agreement exempted Boeing from being prosecuted for the 2018 (Lion Air 610) and 2019 (Ethiopian Airlines 302) 737 MAX accidents, which claimed a total of 346 lives. The manufacturer faced, at that time, a single criminal charge for fraud against U.S. regulators.
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As part of the agreement, the company agreed to conduct internal compliance checks for three years. The Alaska Air incident occurred two days before the expiration of this deadline. If prosecutors determine that the door plug incident violated the agreement, there is a possibility of filing criminal charges against the company.
The FAA had already given Boeing a ultimatum, providing 90 days to address «systemic» quality control issues. This deadline follows a report highlighting deficiencies in Boeing’s safety culture, indicating that measures taken after the accidents were not effective.
Criminal investigations into aviation accidents are uncommon both in the U.S. and the rest of the world. The National Transportation Safety Board (NTSB) is responsible for accident investigations. The NTSB’s mission, according to ICAO regulations, focuses solely on gathering facts and making recommendations to prevent future accidents. It does not focus on determining criminal or civil responsibilities related to the events.
