Federal prosecutors have recommended that Boeing be charged criminally because the company breached an agreement following an investigation of two fatal Boeing 737 MAX 8 crashes — Lion Air Flight 610 in 2018, and Ethiopian Airlines Flight 302 in 2019.

Under the agreement, Boeing was required to pay a $2.5 billion settlement, improve compliance practices, and submit reports in order to avoid criminal charges of conspiracy to commit fraud for covering up design flaws. Reuters reports that, although Boeing declined to comment, it has stated in the past that it “honored the terms” of the 2021 agreement.