The Department of Justice’s recent determination that Boeing has violated the deferred-prosecution agreement (DPA) it struck after two of its 737 Max jets crashed five years ago, resulting in 346 fatalities, has sparked renewed criticism about the effectiveness of DPAs in fostering corporate compliance. The incident is under particular scrutiny due to Boeing’s continued compliance issues, such as its failure to install four bolts in the door of an Alaska Airlines 737 Max, causing the door to blow out during a flight in January. Critics assert that these events add to the accumulating evidence that DPAs fail to bring about sustained reform or adequately mete out justice.
Brandon Garrett, author of “Too Big to Jail: How Prosecutors Compromise With Corporations,” summarized the sentiment, saying, “Stronger compliance is needed to actually fix entrenched misconduct.” The ongoing challenges faced by Boeing in adhering to its DPA raise significant questions about the efficacy of such agreements in driving robust corporate behavioral change.
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