Mark A. Forkner, FRAUD, Texas 2022

Former Boeing 737 MAX Pilot Indicted for Fraud

A federal grand jury in the Northern District of Texas returned an indictment today charging Mark A. Forkner, 49, formerly of Washington State and currently of Keller, Texas, with deceiving the Federal Aviation Administration’s Aircraft Evaluation Group (FAA AEG) in connection with the FAA AEG’s evaluation of Boeing’s 737 MAX airplane, and scheming to defraud Boeing’s U.S.-based airline customers to obtain tens of millions of dollars for Boeing.

According to court documents, Mark A. Forkner, allegedly deceived the FAA AEG during the agency’s evaluation and certification of Boeing’s 737 MAX airplane. As alleged in the indictment, Forkner provided the agency with materially false, inaccurate, and incomplete information about a new part of the flight controls for the Boeing 737 MAX called the Maneuvering Characteristics Augmentation System (MCAS). Because of his alleged deception, a key document published by the FAA AEG lacked any reference to MCAS. In turn, airplane manuals and pilot-training materials for U.S.-based airlines lacked any reference to MCAS — and Boeing’s U.S.-based airline customers were deprived of important information when making and finalizing their decisions to pay Boeing tens of millions of dollars for 737 MAX airplanes.

“Forkner allegedly abused his position of trust by intentionally withholding critical information about MCAS during the FAA evaluation and certification of the 737 MAX and from Boeing’s U.S.-based airline customers,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “In doing so, he deprived airlines and pilots from knowing crucial information about an important part of the airplane’s flight controls. Regulators like the FAA serve a vital function to ensure the safety of the flying public. To anyone contemplating criminally impeding a regulator’s function, this indictment makes clear that the Justice Department will pursue the facts and hold you accountable.”

“In an attempt to save Boeing money, Forkner allegedly withheld critical information from regulators,” said Acting U.S. Attorney Chad E. Meacham for the Northern District of Texas. “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 Justice Department will not tolerate fraud – especially in industries where the stakes are so high.”

“Forkner allegedly withheld crucial information about the Boeing 737 MAX and deceived the FAA, showing blatant disregard for his responsibilities and the safety of airline customers and crews,” said Assistant Director Calvin Shivers of the FBI. “The FBI will continue to hold individuals like Forker accountable for their fraudulent acts which undermine public safety.”

According to court documents, Boeing began developing and marketing the 737 MAX in and around June 2011. The FAA AEG was responsible for determining the minimum level of pilot training required for a pilot to fly the 737 MAX for a U.S.-based airline, based on the nature and extent of the differences between the 737 MAX and the prior version of Boeing’s 737 airplane, the 737 Next Generation (NG). At the conclusion of this evaluation, the FAA AEG published the 737 MAX F

UPDATE: On March 23, 2022, a federal jury acquitted Mark A. Forkner of all charges alleged in the indictment described in the press release below.

Mandatory Facts: Defendant/Respondent: Mark A. Forkner; Exact Criminal Charges: Deceiving the Federal Aviation Administration’s Aircraft Evaluation Group (FAA AEG) and scheming to defraud Boeing’s U.S.-based airline customers; City and State: Keller, Texas; Exact Date: March 22, 2022; Sentence or Outcome: Acquitted of all charges on March 23, 2022; Dollar Amounts: Tens of millions of dollars.

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