(New York) The US Department of Justice intends to offer Boeing a new deferred prosecution agreement (DPA), but with the appointment of an independent supervisor, deeming a trial too risky for the survival of the aircraft manufacturer, writes Friday the New York Times (NYT).

The New York daily, referring to sources close to the discussions, reports that after an “intense internal debate, senior ministry officials appear to have concluded that pursuing Boeing would be too legally risky.”

They “consider that appointing an independent supervisor is a quicker and more effective way to ensure” that Boeing improves its production and quality control processes, the newspaper continues.

The department warned in mid-May of a risk of criminal proceedings against the aircraft manufacturer for non-compliance with an agreement concluded on January 7, 2021 after the crash of two 737 MAX 8s, causing 346 deaths.

Boeing officially contested these conclusions in mid-June.

The department must now position itself. He undertook to make his decision known to the Texas federal judge in charge of this case no later than July 7.

He provided for three years of probation.

But the aircraft manufacturer is increasing, especially since the beginning of 2023, production and quality control problems on three of its four commercial aircraft marketed (737 MAX, 787 Dreamliner and 777).

The in-flight incident on an Alaska Airlines 737 MAX 9 on January 5, in which a door came loose, was too much.

Investigations have been opened by regulators, justice and parliamentary committees, some members of which are calling for prosecution.

Families of crash victims are also demanding a criminal trial against the group and its leaders, as well as a fine of nearly $25 billion.

Asked by AFP, Boeing and the families’ lawyers did not react. The department could not immediately be reached.

But, underlines the NYT, a criminal trial often results in the filing of bankruptcy for the targeted company.

However, Boeing is a crucial group for the American economy and national security.

According to the daily, a criminal conviction could exclude him from American government and military contracts.

Its Defense, Space and Security (BDS) branch generated almost $25 billion in 2023, or nearly a third of the group’s turnover.