News & Analysis as of

Aviation Industry Corruption

Thomas Fox - Compliance Evangelist

The Boeing Plea Agreement-A Major Disconnect

In its proposed Plea Agreement, the Department of Justice (DOJ) lays out the abject failures of Boeing which led the DOJ to conclude the underlying Deferred Prosecution Agreement (DPA) from 2021 has been breached. The DOJ...more

Thomas Fox - Compliance Evangelist

The Boeing Monitorship – Compliance, Accountability, and the Path Forward

When it comes to corporate accountability and the often murky waters of compliance, few cases are as illustrative and significant as the ongoing litigation involving Boeing. Since the 737 MAX safety scandal erupted in 2021,...more

The Volkov Law Group

Boeing’s Failure to Integrate Compliance Anti-Fraud Controls with Quality and Safety Functions (Part III of III)

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Boeing’s Plea Agreement includes two Separate Factual Statements — the January 7, 2021 DPA, which is discussed in a prior blog post, and a factual outline of Boeing’s breach of the original DPA, resulting in the current Plea...more

Thomas Fox - Compliance Evangelist

The Omnibus Monitor for Boeing: Representing all Stakeholders

In probably a move that will surprise no one, the families of the victims of the two Boeing 737 MAX crashes have objected to the Department of Justice’s (DOJ) announced approach to a monitorship for Boeing. Having been so...more

Thomas Fox - Compliance Evangelist

Transforming Culture: Part 1-From Merger to Culture Toxicity

Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other...more

Thomas Fox - Compliance Evangelist

Transforming a Corporate Culture in Crisis: Lessons from Boeing

There has not been a company which has had a run of worse publicity in 2024 than Boeing. Unfortunately it has been self-inflicted. I recently participated in a webinar with Sam Silverstein on what Boeing can do to try and...more

The Volkov Law Group

Boeing Reaches $51 Million Settlement with State Department for ITAR Violations

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Boeing continues to struggle. As troubles mount for Boeing, it  is clear that it suffers from real and pervasive culture issues that have been reflected in serious safety failures, financial difficulties, regulatory...more

Holland & Knight LLP

A Fast Approach: The Corporate Transparency Act's Impending Impact on Business Aviation

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The Corporate Transparency Act (CTA), enacted by Congress as part of the Anti-Money Laundering Act of 2020, for the first time under federal law, requires the establishment of a centralized, national beneficial ownership...more

The Volkov Law Group

GOL’s Bribery Schemes Orchestrated by Board Director (Part II of II)

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GOL’s bribery schemes present some interesting lessons.  Interestingly, at the center of the bribery scheme was a member of GOL’s board of directors.  The bribery scheme was motivated by potential legislation that would...more

The Volkov Law Group

DOJ and SEC Secure $41 Million Settlement from Brazilian Airline for FCPA Violations (Part I of II)

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The Department of Justice and the Securities and Exchange Commission reached a $41 million settlement with GOL Linhas Aéreas Inteligentes S.A. (“GOL”) to resolve criminal and civil foreign bribery charges....more

The Volkov Law Group

Boeing Technical Pilot Acquitted on Criminal Charges from 737 Max Safety Scandal

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The Department of Justice criminal prosecution of Mark Forkner, chief technical pilot at Boeing responsible for the 737 Max, ended in quick acquittal.  DOJ prosecutors suffered an embarrassing loss in an attempt to hold...more

Gray Reed

Boeing’s Board Agrees to $237.5 Million Settlement in Litigation Alleging Failure to Oversee Airplane Safety

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The board of directors (“Board”) of The Boeing Company (“Boeing”) agreed to a staggering $237.5 million settlement of a lawsuit brought by stockholders on behalf of Boeing alleging that the Board and certain executive...more

The Volkov Law Group

Boeing Settles Shareholder Litigation and Agrees to Reforms (Part IV of IV)

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The crushing aftermath of the tragic 737 MAX scandal is disturbing at the least.  Innocent lives were lost because of Boeing’s culture misfires, poor leadership at the management and board level, and an arrogant disregard for...more

The Volkov Law Group

Boeing’s Board Governance Failures and the 737 MAX Safety Scandal (Part III of IV)

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In its decision, the Chancery Court methodically analyzed the weaknesses in Boeing’s board processes and its fundamental failure to meet basic Caremark standards in tackling airplane safety issues, particularly after the Lion...more

The Volkov Law Group

A Tale of Two Boeing Boards — The Disparate Conclusions of the Justice Department and the Delaware Chancery Court (Part I of IV)

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When I reviewed again the US Department of Justice’s conclusions reached as part of the Boeing criminal investigation, and the Delaware Chancery Court’s decision denying Boeing’s motion to dismiss the shareholder derivative...more

The Volkov Law Group

The Forkner Indictment for the Tragic Boeing 737 MAX Fraud and Crashes (Part II of III)

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Mark Forkner, a former Chief Technical Pilot, was indicted  on two counts of fraud involving aircraft parts in interstate commerce and four counts of wire fraud.  If convicted, he faces a maximum penalty of 20 years in prison...more

The Volkov Law Group

Boeing’s 737 MAX Scandal: A Review of Boeing’s Deception of the FAA (Part II of III)

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Boeing’s criminal conduct, as described in the settlement papers, centered on two of its 737 MAX Flight Technical Pilots, who deceived the FAA about an important aircraft part called the Maneuvering Characteristics...more

The Volkov Law Group

Boeing’s Culture of Neglect and Disregard of Safety: The House Transportation Committee Report Findings (Part II of II)

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Boeing’s culture and safety performance continues to undermine its ability to move forward and regain trust from regulators, the aviation industry and the flying public....more

The Volkov Law Group

Boeing 737 MAX Accountability: Shareholder Litigation Against Boeing Board & House Transportation Committee Issues Scathing...

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Boeing is the new poster child for corporate governance failures and misconduct.  Move over Wells Fargo, General Motors, Volkswagen, Novartis, Siemens and Wal-Mart, and make room for Boeing.  Like General Motors and its...more

The Volkov Law Group

A Window into Boeing’s Defective Culture (Part III of III)

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Boeing is still under investigation.  A grand jury is investigating potential safety and obstructions allegations.  Congressional investigations are continuing....more

The Volkov Law Group

Boeing and the 737 Max Scandal (Part II of III)

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Boeing’s 737 Max problems began over ten years ago.  Facing competitive pressure from Airbus, Boeing embraced the 737 Max as its competitive savior.  After two horrific crashes killing a total of 346 people, the FAA ordered...more

The Volkov Law Group

The Boeing Scandal and the Demise of a Corporate Culture (Part I of III)

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When a company suffers from serious misconduct, the source of such a failure usually lies in its corporate culture.  I know this theory sounds relatively obvious, but bear with me here....more

The Volkov Law Group

Swiss Telecomm Company Pays $7.8 Million to Settle OFAC Sanctions Violations

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OFAC continues to aggressively enforce its sanctions programs.  In its latest enforcement action, OFAC agreed with Société Internationale de Télécommunications Aéronautiques SCRL (“SITA”), a Swiss telecom company, to an...more

Holland & Knight LLP

Lessons Learned from the Airbus Anti-Corruption Settlements

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In late January 2020, Airbus agreed to pay nearly $4 billion and to take a number of remedial measures in order to resolve alleged corruption violations with the French National Financial Prosecutor's Office (PNF), the United...more

A&O Shearman

Airbus Agrees Record-Breaking €3.6 Billion Settlement to Avoid Prosecution

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On 31 January 2020, Airbus SE (Airbus) reached final agreements with the French Parquet National Financier (PNF), the U.K.’s Serious Fraud Office (SFO) and the U.S. Department of Justice (DoJ) in order to resolve...more

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