antoine-roquentin:

A federal grand jury in Texas on Thursday indicted Mark Forkner, 49, Boeing’s former chief technical pilot on the 737 MAX program, charging him with fraud.

This is the only criminal charge so far resulting from a Department of Justice investigation into two deadly MAX crashes that killed 346 people in Indonesia and Ethiopia.

The government reached a Deferred Prosecution Agreement with Boeing in January, in which the company acknowledged fraud and criminal misconduct during certification of the MAX.

The DPA slapped Boeing with a relatively small fine of $244 million and specifically exonerated Boeing’s senior management by stating that they had not facilitated the misconduct. However, the agreement cited Forkner and his deputy as being involved.

Thursday’s indictment alleges Forkner deceived both the Federal Aviation Administration and Boeing’s airline customers by withholding information about the MAX’s new flight-control system — called the Maneuvering Characteristics Augmentation System, or MCAS.

“In an attempt to save Boeing money, Forkner allegedly withheld critical information from regulators,” said Chad Meacham, acting U.S. attorney for the Northern District of Texas. “His callous choice to mislead the FAA hampered the agency’s ability to protect the flying public and left pilots in the lurch, lacking information about certain 737 MAX flight controls.”…

The prosecution agreement, criticized for the way it let Boeing executives off the hook, was filed by the then-U.S. Attorney in the northern district of Texas, Erin Nealy Cox.

Cox left the Department of Justice after the agreement and in June joined Kirkland & Ellis, Boeing’s lead corporate criminal defense law firm. On Kirkland’s website, she was welcomed to the firm as a partner by Mark Filip, who had signed the DPA on behalf of Boeing.

Forkner’s indictment was filed by her replacement, acting U.S. Attorney Meacham.

lucky break eh?