(New York) The aircraft manufacturer Boeing has officially contested the conclusions of the US Department of Justice, which warned in mid-May of a risk of criminal prosecution for non-compliance with an agreement concluded after two crashes that left 346 dead.

The aircraft manufacturer had to respond no later than Thursday. This was done, a source close to the matter told AFP, without further details.

Bloomberg reported that Boeing sent its response on Wednesday, denying any violation. Contacted by AFP on Wednesday, Boeing referred to its statements of May 14: “We believe we have honored the conditions of this agreement.”

The automaker declined to comment on its communications with the Department of Justice (DOJ), saying it “continues to engage in transparent dialogue” with it. The department also declined to comment.

In a letter sent on May 14 to the judge of a Texas federal court, the ministry considered that Boeing had “not respected its obligations” provided for in the so-called deferred prosecution agreement (DPA) signed on January 7, 2021 and linked to the crashes of two 737 MAX 8s in 2018 and 2019 – due to a design problem.

Accused of fraud in the certification process of the 737 MAX – its flagship aircraft – Boeing agreed to pay $2.5 billion and committed, among other things, to strengthening its compliance program.

But the aircraft manufacturer has been experiencing production and quality control problems, especially since the start of 2023.

It is now surrounded on all sides since the in-flight incident on an Alaska Airlines 737 MAX 9 on January 5, in which a door – a cover blocking a redundant emergency exit – came loose.

One case too many, which triggered audits and investigations by regulators, justice, and parliamentary committees. This work identified non-compliance issues in production and quality control deficiencies.

Three of the four families of commercial airplanes currently manufactured by Boeing are the subject of FAA investigations for quality problems: the 737, the 777 and the 787 Dreamliner.

The group announced Thursday morning a new problem spotted on Dreamliners awaiting delivery: poorly tightened internal fasteners to the fuselage. “The fleet in service can continue to operate safely,” he assured.

The safety of Boeing planes virtually monopolized the hearing for nearly two hours Thursday morning of Mike Whitaker, head of the civil aviation regulator (FAA), before the Senate Committee on Commerce and Transportation on the subject of supervision of the airline sector.

“These problems are really upsetting,” noted Maria Cantwell, Democratic President of the Commission, deploring a “feeling of déjà vu.”

The families of victims of the two accidents – due to a design problem – have been clamoring for them since the very beginning, and even more so since the manufacturer’s series of setbacks.

Mr. Whitaker, in office since October 2023, assured that measures had been taken immediately after the January 5 incident, including capping production of the 737 MAX until quality was restored.

The manufacturer also had to develop, in collaboration with the FAA, a comprehensive plan to achieve this.

The regulator also deployed, for the first time, inspectors among the assembly lines of Boeing and Spirit AeroSystems, which notably supplies it with fuselages. Its goal is to disseminate 55, but the shortage of qualified personnel makes recruitment difficult, Mr. Whitaker said.

The 2021 agreement called for Boeing’s oversight to expire after three years. That is January 7, 2024. The ministry then had six months to position itself and then decide whether or not to initiate proceedings.

The families of victims of the two accidents have been asking for them from the very beginning, and even more so since the recent series of setbacks.

Received on May 31 at the ministry in Washington, they expressed their “great fears” that he would opt for a guilty plea agreement with Boeing, according to a press release from their lawyers.

“A simple amicable transaction without sanction would not fulfill” the “mission” of the ministry “to do justice to the general public,” they warned, demanding the opening of a trial within 70 legal days following the 7 July.

The ministry committed in May to communicating its decision to the Texas court by that date at the latest.

Next difficult passage for the group: the highly anticipated hearing of its boss Dave Calhoun on June 18 by a Senate investigative committee, before which four whistleblowers testified in mid-April.

Appointed chief executive in early 2020 to restore the situation after the crashes, Mr. Calhoun was swept up in the current crisis and is due to leave his post by the end of the year.