Live data from Hacker News

Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

cnbc.com

131–140 of 611 posts

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#131

The people saying “send the CEO to jail” or “make the board liable” are vastly oversimplifying the complexity of the issue here, which is about how to enforce regulations and standards without torpedoing your economy. One of the single most important reasons why the US has such a successful business culture is because of its approach to liability - virtually all business debt can be erased in a bankruptcy, and the en…

I do not care about the economy bottom line. I want deaths of people caused by the arguably same motivation of penny-pinching and ever-growing profits translate into at the very least jail times of people that represented and concurred with these horrendously dangerous decisions. When economists are left alone too long, their results do not differ very much from those of serial killers.

The real world isn’t that simple. If you just dismantled Boeing and sent everyone to jail, thousands of people would lose their jobs. America would lose a competitive edge compared to foreign adversaries.

As I said in the original comment, the difficulty is in punishing the people responsible while maintaining/rebuilding systems that have better outcomes. Blowing everything up doesn’t do that.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#132

Earlier quoted context omitted.

The U.S. is not going to shut down Boeing. How many jobs would be lost if that happened, especially in this economy? The fine is quite low.

> The U.S. is not going to shut down Boeing. It's a monopoly. Just break it up. > How many jobs would be lost if that happened "We don't negotiate with [economic] terrorists." > especially in this economy? $77b annual revenue. Positive quarterly growth rate the last 8 out of 12 quarters. Two global wars we refuse to negotiate peace in and Boeing is a major weapons supplier. Then again, if you kill and scare enough pe…

> "We don't negotiate with [economic] terrorists."

This is just so silly. Shutting down a company results in people losing their jobs. No terrorists involved.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#133
post #114

Earlier quoted context omitted.

> And so you really don’t want to set up a situation where the operators of a company are by-default responsible for anything that their company does. I think you're conflating criminality with civil liability here (covering legal risk taking and mere incompetence). The former is what's under discussion here. The latter is what allows entrepreneurs to take risk for economic benefit.

Sure they are different things, but culturally I do think they are treated interchangeably. The average person on the street probably couldn’t tell you if X celebrity was embroiled in a civil or criminal trial, merely that they’re in a trial. I still think it would be very anti-entrepreneurial culture to make company operators liable by default for everything their company does. Again the key word phrase here is “by…

> I still think it would be very anti-entrepreneurial culture to make company operators liable by default for everything their company does.

Again, by missing out the distinction in this sentence, you're using the implied (valid) case to limit civil liability to make it sound like the same should apply for criminal liability. You're failing to explain why arguments for this in the civil liability case should also apply in the criminal case.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#134

Earlier quoted context omitted.

If the ship's captain was asleep in a drunken stupor while the 17 year old helmsman crashed the ship into an iceberg, should the captain go unpunished? I feel that punishing sobriety and rewarding drunkenness is probably not a good idea, if we want to avoid our ships hitting icebergs.

Bad analogies won't help anyone. Did the CEO believe his people were incompetent to develop and verify the software?

> Did the CEO believe his people were incompetent to develop and verify the software?

Did the CEO create the culture in which they could not despite being able to?

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#135
post #2

"The guilty plea would brand the planemaker a felon and could complicate its ability to sell products to the U.S. government. About 32% of Boeing’s nearly $78 billion in revenue last year came from its defense, space and security unit." Well that's a fun little fact

Banks are declared “too big to fail”. Banks! How can a bank be so important, and ostensibly private, that it can’t fail and let its shareholders take their licks? There is no world - none - literally no possible universe - that Boeing cannot sell to the government, or that it fails, or that its planes get grounded indefinitely, or anything even remotely close to this outcome. There are 2 plane makers of appreciable s…

> How can a bank be so important, and ostensibly private, that it can’t fail and let its shareholders take their licks?

They probably should fail, except it might be more than shareholders that get ruined by that happening.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#136

Earlier quoted context omitted.

Yeah, this is key. I don't see why the system shouldn't be set up that way. Company does something criminal, now boss is considered a criminal.

That is a perversion of justice. You can not transfer criminal liability for money. Your employees can be criminals regardless of culture. The precedent this would set is ridiculous.

1) It's the CEOs job to know. Carelessness, recklessness, wilful ignorance, malice, these are all terms of art and can lead to different liabilities; as a non-lawyer I don't trust my own understanding as to the exact boundaries between them.

2) If the CEO knows, then the word "conspiracy" comes to mind, does not require them to perform the criminal act, only their agreement to act.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#137

Seems an extremely soft ball approach: • Under the deal, Boeing agreed to pay a $243.6 million fine and for an third-party monitor to be installed to monitor the company’s compliance. ~$240M seems pretty low for an industry where billions are commonly thrown about. • The deal spares Boeing from a trial just as the planemaker is trying to turn a corner in its safety and manufacturing crises. Sparing them from a trial…

For spilling a hot coffee cup you get $ 2.7 million worth of punitive damages. But for killing more than 200 people and trying to hide the evidence, we'll charge you 200 million and call it a day. That's less per person than the price of a hot-coffee spill.

> For spilling a hot coffee cup you get $ 2.7 million worth of punitive damages.

What's the context here?

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#138
post #79

Earlier quoted context omitted.

So you are saying that in a case like Boeing's the CEO was completely unaware of the shitshow at their company and couldn't have taken appropriate actions?

A dysfunctional company with bad management is not a crime. Putting a CEO in jail because he is bad, not because any crime had been committed, is an even worse idea. The specific case here about criminally negligent software design errors almost certainly never came up to the CEO. If there is evidence otherwise and the CEO was aware of the problem and decided that the risks were acceptable then he obviously should go…

> The specific case here about criminally negligent software design errors almost certainly never came up to the CEO.

He or she is responsible for the culture and governing within the company. So either way they are involved either by knowing and ignoring or by setting the precedent for this to go ahead without their knowledge. The punishment for those might differ but it's not a free pass.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#139

Our governmental methods of punishment for corporations strike me as lacking. This seems similar to Wells Fargo, where ok, the company was fined, sued, made to pay restitution (somewhat) to victims. But underlying it all, the culture and incentives at the company that produced the situation didn't get fundamentally changed. Which often perpetuates across specific leaders, boards, and is a part of what a company is --…

The problem is that finding the people responsible can be extremely hard, so you have to go against the corporation itself. Punishing a corporation is easy, but the government hates doing it for obvious reasons. It means ruining something which is useful to you and punishing tens of thousands of completely innocent people, with inevitable layoffs. What Boeing really needs is a complete change in management culture, a…

This is simplistic, but it's a start for a discussion: you look at the organizational chart, start from the bottom where the people working on the product are, punish all the line from there up to the board (all the C*).

Then people will start asking questions about what they are told to do, because they know that if they do something wrong they're going to jail or have to pay the fines themselves, not a bank account of the company. And they won't have much else to go to get shielded from responsibility, because all jobs will be like that. Even our own jobs.

Re: Boeing to plead guilty to criminal fraud charge stemming from 737 MAX crashes

#140
post #59

Earlier quoted context omitted.

The problem is that finding the people responsible can be extremely hard, so you have to go against the corporation itself. Punishing a corporation is easy, but the government hates doing it for obvious reasons. It means ruining something which is useful to you and punishing tens of thousands of completely innocent people, with inevitable layoffs. What Boeing really needs is a complete change in management culture, a…

> The problem is that finding the people responsible can be extremely hard > What Boeing really needs is a complete change in management culture Who is ultimately responsible for management at a company though? The CEO and the other C-level people. This isn't really the daunting difficult problem you make it out to be: the buck stops at the C-suite. Who else could possibly be ultimately responsible??

>The CEO and the other C-level people.

Yes the Captain of a Ship is always responsible for everything that happens on his ship 100%.

Post reply on HN