Former Boeing Pilot's Trial Begins

"FORT WORTH, Texas -- The trial of a former Boeing Co. pilot accused of misleading federal air-safety regulators before two 737 MAX jets crashed began Friday.

Federal prosecutor Scott Armstrong told jurors that Mark Forkner, who was the 737 MAX's chief technical pilot during its development, deceived his counterpart at the Federal Aviation Administration about engineering changes to a flight-control system known as MCAS, which was later blamed for the crashes.

"He didn't correct the lie," Mr. Armstrong said, outlining what he portrayed as an alleged effort by Mr. Forkner to make tens of millions of dollars for Boeing at the expense of its airline customers. "He doubled down on the lie."

A lawyer for Mr. Forkner countered that his client is being wrongly accused of withholding safety information, saying Boeing engineers told company management, test pilots and others at the FAA about changes to the flight-control system. "But they did not tell Mr. Forkner," defense attorney David Gerger told newly selected jurors in a federal courtroom in Fort Worth, Texas.

Mr. Gerger, who has called his client a scapegoat for the tragedies, said Mr. Forkner was kept in the dark about important 737 MAX engineering changes. The defense attorney indicated he would take aim at a senior Boeing engineer who is expected to be a prosecution witness, saying the engineer initially was a subject of the criminal investigation but later was promoted by Boeing.

Mr. Forkner is accused of misleading the FAA about MCAS to reduce how much training pilots would need to fly it, thus making the jet more attractive to airlines

Mr. Forkner faces four counts of wire fraud that each carry a maximum penalty of 20 years in prison. Before opening arguments started, Mr. Forkner, who was wearing a dark gray suit, turned to the jury as he entered a plea for the indictment against him.

"I am not guilty," Mr. Forkner said.

Accident investigators blamed MCAS -- which Mr. Forkner briefed regulators about during the plane's development -- for sending two 737 MAX jets into fatal nosedives in 2018 and 2019. The crashes claimed 346 lives and prompted a nearly two-year grounding of all 737 MAX planes, disrupting the global aviation industry.

What Mr. Forkner told FAA training specialists about MCAS, as well as what other Boeing engineers told their agency counterparts, are likely to be the subject of critical testimony.

In a settlement with the Justice Department, Boeing last year agreed to pay $2.5 billion to resolve charges that its employees misled the FAA. The deal included a $244 million fine, as well as almost $2.3 billion in compensation to airline customers and families of the crash victims.

Boeing and the FAA declined to comment.

Boeing admitted in its settlement with the Justice Department that former employees deceived the FAA. The deal blamed two employees, although only Mr. Forkner was charged, and said senior management wasn't involved in the misconduct.

Prosecutors recently asked U.S. District Judge Reed O'Connor to prohibit mention of the crashes during the trial, arguing the case is about the allegation that Mr. Forkner misled the FAA and defrauded two airline customers.

Mr. Forkner has said the crashes are relevant to his claim that he is the fall guy for a broader failure. Judge O'Connor ruled this week that Mr. Forkner could argue he is a scapegoat for the crashes." [1]

1. U.S. News: Former Boeing Pilot's Trial Begins
Tangel, Andrew; Michaels, Dave.
Wall Street Journal, Eastern edition; New York, N.Y. [New York, N.Y]. 19 Mar 2022: A.3.