The new peril facing Boeing if it pleads guilty to US criminal charge

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Boeing faces new perils if federal prosecutors revive a criminal charge against the aviation giant and the company decides to plead guilty, a process that was set to resolve by this weekend.

A plea deal could get rejected by a judge. Big fines will have to be paid. And perhaps the biggest danger is the effect that a conviction may have on Boeing’s already-battered bottom line.

Criminal convictions can foreclose or suspend a company’s right to contract with the federal government and frustrate its ability to secure loans, according to Eddie Jauregui, a white collar defense attorney with Holland & Knight and former federal prosecutor.

Those consequences have particular meaning for Boeing, which counts the federal government as its largest customer. It also happens to be the country’s largest exporter.

A Boeing 737 Max jet, in 2020. (AP Photo/Elaine Thompson) · (ASSOCIATED PRESS)

The matter could end up with an executive agency known as the Interagency Suspension and Debarment Committee (ISDC), which holds power to discuss government-wide suspensions and debarments that can end or disrupt a company’s business with the US government.

"The considerations are many, and they are weighty," Jauregui said. "I think the government contract work is probably an extremely important component for Boeing."

The question that will be resolved by Sunday is whether Boeing's actions leading up to a January door plug blowout aboard an Alaska Airlines (ALK) Boeing 737 Max 9 cause top DOJ officials to officially revoke legal protections extended to Boeing in a January 2021 deferred prosecution agreement.

After investigations into two Max 737-8 crashes in 2018 and 2019 that killed 346 people, Boeing admitted that two of its former Max test pilots deceived the FAA about a flight control system called Maneuvering Characteristics Augmentation System, or MCAS.

Prosecutors agreed to table a charge alleging that Boeing conspired to defraud the federal government so long as Boeing spent three years designing, implementing and enforcing a compliance and ethics program for safer manufacturing and oversight practices.

But prosecutors told a judge in May that Boeing had violated that three-year agreement.

It now appears, according to multiple reports, that the DOJ will in fact bring a new criminal charge against Boeing but give the company the chance to plead guilty in exchange for some conditions.

If Boeing chooses not to plead guilty, the DOJ could take the company to trial, according to these reports.

The Chicago law firm that represents families of people killed in the Boeing 737 Max crashes said the families "would most certainly object" to what it called a "sweetheart plea deal" described to them during a two-hour call last Sunday with DOJ officials.