Former 737 MAX Chief Technical Pilot Charged with Fraud

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.

Forkner: “I basically lied to the regulators (unknowingly)”

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.

Forkner Indictment Latest Twist in 737 MAX Case

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.