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Former 737 MAX Chief Technical Pilot Charged with Fraud
Flyertalk ^ | 10/15/2021 | Joe Cortez

Posted on 10/15/2021 12:25:57 PM PDT by Oshkalaboomboom

Boeing’s former head technical pilot on the 737 MAX program could face over 80 years in federal prison for his part in the problems that caused two aircraft to crash and grounded the next-generation aircraft for two years.

U.S. attorneys for the Northern District of Texas announced the inditement of 49-year-old Mark A. Forkner on multiple counts of wire fraud and fraud involving aircraft parts in interstate commerce.

According to the allegations delivered in a 16-page indictment, Forkner oversaw the flight technical team, providing information on differences between the 737 Next Generation and 737 MAX to the Federal Aviation Administration. However, during the trial and evaluation process, attorneys say he did not provide key details about the controversial Maneuvering Characteristics Augmentation System, or MCAS.

The problems began around November 2016, when Forkner allegedly discovered that MCAS would turn on when the airframe was flying at Mach 0.2, a lower speed than previously determined. These speeds are often found during the most crucial parts of the flight: takeoff and landing. The former chief technical pilot then reportedly e-mailed a colleague to confirm the problem, and when they responded affirmatively, Forkner supposedly wrote: “So I basically lied to the regulators (unknowingly).”

If the new technical information about MCAS was published, the federal attorneys say Forkner knew it could cost Boeing in both cancelled orders and penalties. In turn, they claim that Forkner purposefully withheld critical information about the system, which ultimately contributed to the crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302.

“In an attempt to save Boeing money, Forkner allegedly withheld critical information from regulators,” said acting U.S. attorney Chad E. Meacham in a press release. “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 Department of Justice will not tolerate fraud – especially in industries where the stakes are so high.”

If convicted, Forkner could face up to 20 years in prison for each count of wire fraud and 10 years for each count of fraud involving aircraft parts in interstate commerce. As of the time of writing, Forkner has not entered a plea in court.

The indictment is only an accusation against Forkner and he is presumed innocent until proven guilty in a court of law. His trial continues.

Charges against Forkner are the latest turn in the ongoing prosecution over the 737 MAX and its fatal flaws. In January 2021, Boeing and the Justice Department announced a $2.5 billion deferred prosecution agreement over the case, including over $243.6 million dedicated for victim’s families.


TOPICS: Business/Economy; Chit/Chat; Miscellaneous; Travel
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To: Frank_2001

He deserves punishment if found guilty but I hope he rats out everyone at Boeing who was involved in this this fiasco, he can’t be the only one who knew about the problems and covered them up


21 posted on 10/15/2021 1:21:46 PM PDT by srmanuel (`)
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To: HamiltonJay

Name the part if 14CFR25 not complied with...


22 posted on 10/15/2021 1:28:44 PM PDT by Dead Dog
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To: Oshkalaboomboom

“and grounded the next-generation aircraft for two years.”

Next Generation? Boeing sold it as just another 737 variant.


23 posted on 10/15/2021 1:40:53 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: TexasGator

More critical is that turning off the autopilot turned ON MCAS. The very existence of MCAS was hidden from the pilots. So when they would have a problem, they would disengage the autopilot and it would get worse. There was nothing in the emergency manual that helped them know what they were fighting.

It’s inexcusable to completely hide such a critical system from the pilots.


24 posted on 10/15/2021 1:45:55 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: DesertRhino

“The very existence of MCAS was hidden from the pilots.”

Where did you get that lie? MCAS is and was part of the training curriculum for the Max.


25 posted on 10/15/2021 1:50:06 PM PDT by CodeToad (Arm up! They Have!)
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To: Oshkalaboomboom
The government employee is the weakest link. They're completely dependent on the insight and expertise of those working in the industry.

The FAA has to come down hard on this test pilot to make an example of him but it's going to backfire. The employees are going to sound like just the lawyers when talking to the FAA inspectors.

26 posted on 10/15/2021 2:06:47 PM PDT by T.B. Yoits
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To: Seruzawa

So true


27 posted on 10/15/2021 2:09:25 PM PDT by Track9 (Agamemnon came home to a HRC type party. )
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To: Oshkalaboomboom
Of all the many,many thousands of commercial flights that the 737MAX made only two resulted in crashes. And both were with Third World airlines. I've flown more Third World airlines than I care to admit and I was,with damn good reason,scared silly during every one.

Just sayin'...

28 posted on 10/15/2021 2:13:33 PM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: Seruzawa

I am sure as employee he signed paperwork making him a designated faa inspector/safety rep. The feds cannot be everywhere so senior personnel also serve as designated faa safety reps. If he served in such a capacity he will likely never again see sunlight.


29 posted on 10/15/2021 2:43:50 PM PDT by whistleduck
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To: Oshkalaboomboom

Same thing happened with GM’s ignition switch issue.

The real problem is an unreceptive leadership structure where the bad news is met with punishment.

This issue goes to the top.


30 posted on 10/15/2021 2:43:56 PM PDT by Eddie01
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To: Oshkalaboomboom

This will lead to a couple golden parachutes.

...and a very public company commitment to safety reporting including hot lines and a new safety division dedicated to review with the authority to halt anything at anytime.


31 posted on 10/15/2021 2:49:01 PM PDT by Eddie01
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To: Eddie01

Too often this is true. The people who created the unsafe reporting atmosphere never get held liable. The scapegoat takes all the flak.


32 posted on 10/15/2021 3:01:45 PM PDT by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: CodeToad

You don’t know what you are talking about. It is there now. But at the time of the accidents, it’s existence was, BY DESIGN, completely hidden from the pilots.

As to where I got that “lie”. I got it from Boeing CEO Dennis Muilenburg along with his explanation as to WHY it was hidden. That good enough for you, sport?

In a NASA-maintained database, pilots of the Boeing 737 Max expressed outrage at not being alerted to the presence of the system aboard the plane they fly. The furor around MCAS broke out once again in March after the crash of Ethiopian Airlines Flight ET302.

On Monday, Boeing CEO Dennis Muilenburg explained why the company installed MCAS on the 737 Max but didn’t disclose the existence of the system to pilots, all while challenging the media’s characterization of MCAS as an anti-stall system.

“When you take a look at the original design of the MCAS system. I think in some cases, in the media, it has been reported or described as an anti-stall system, which it is not.” Muilenburg told reporters shortly after Boeing’s annual shareholder meeting. “It’s a system that’s designed to provide handling qualities for the pilot that meet pilot preferences.”
added, “We want the airplane to behave in the air similar to the previous generation of 737s. That’s the preferred pilot feel for the airplane, and MCAS is designed to provide those kinds of handling qualities at a high angle of attack.”

“It’s a purposeful design. It’s something that’s designed to be part of how the airplanes fly. So it’s part of the certification process,” the Boeing CEO said. “It’s not something that’s a separate procedure or something that needs to be trained on separately.”


33 posted on 10/15/2021 3:08:12 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: DesertRhino

“You don’t know what you are talking about. It is there now. But at the time of the accidents, it’s existence was, BY DESIGN, completely hidden from the pilots.”

No, it was not hidden. It even had switches, Sunshine. Hard to hide switches.


34 posted on 10/15/2021 3:09:42 PM PDT by CodeToad (Arm up! They Have!)
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To: CodeToad

https://www.businessinsider.com/boeings-ceo-on-why-737-max-pilots-not-told-of-mcas-2019-4

The Boeing CEO spread that so-called “lie” at a 2019 shareholders meeting. Try to keep up.


35 posted on 10/15/2021 3:12:33 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: DesertRhino

He has also said a number of things that were not correct. Try to not be so stupid and gullible.


36 posted on 10/15/2021 3:17:40 PM PDT by CodeToad (Arm up! They Have!)
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To: CodeToad

No, Boeing considered it an integral design detail beyond the pilot’s control. You really really are lost. And the Boeing CEO disagrees with you.

As for the switches, there was no switch for the MCAS system which Boeing admits the pilots were not told even existed.

https://www.seattletimes.com/business/boeing-aerospace/boeing-altered-key-switches-in-737-max-cockpit-limiting-ability-to-shut-off-mcas/

You are wrong.


37 posted on 10/15/2021 3:19:20 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: CodeToad

That’s all I can do to help you. To tell you what the Boeing CEO told shareholders to his detriment.
Now I’m afraid you have bumped up against my “three response limit to a moron who just wants to argue rule”.

Peace out sport.


38 posted on 10/15/2021 3:21:23 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: Neanderthal
You said, "As I remember, the MCAS could NOT turn on with flaps extended, the most crucial parts of the flight: takeoff and landing."

I was trying to ask if you meant that MCAS was not a problem because MCAS does not turn on while the flaps are extended during takeoff and landing.

39 posted on 10/15/2021 4:18:11 PM PDT by Neanderthal (Let's go, Brandon!)
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To: DesertRhino

You’re a typical Kali liberal who thinks he’s got the full story because he heard a few things.


40 posted on 10/15/2021 6:26:26 PM PDT by CodeToad (Arm up! They Have!)
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