Justice Department says Boeing violated deal that avoided prosecution after 737 Max crashes

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By DAVID KOENIG and ALANNA DURKIN RICHER (Associated Press)

WASHINGTON (AP) — The Justice Department has determined that Boeing violated a settlement that allowed the company to avoid criminal prosecution after two deadly crashes involving its 737 Max aircraft, prosecutors told a federal judge on Tuesday.

It is now up to the Justice Department to weigh whether to file charges against the aircraft maker. Prosecutors will tell the court no later than July 7 how they plan to proceed, the Justice Department said.

Boeing failed to make changes to prevent it from violating federal anti-fraud laws — a condition of the the 2021 settlement, Glenn Leon, the head of the fraud section of the Justice Department’s criminal division said in a letter.

The determination means that Boeing could be prosecuted “for any federal criminal violation of which the United States has knowledge,” including the charge of fraud that the company hoped to avoid with the $2.5 billion settlement, the Justice Department said.

However, it is not clear whether the government will prosecute the manufacturing giant.

“The Government is determining how it will proceed in this matter,” the Justice Department said in the court filing.

Investigations into the 2018 and 2019 crashes pointed to a flight-control system that Boeing added to the Max without telling pilots or airlines. Boeing downplayed the significance of the system, then didn’t overhaul it until after the second crash.

The Justice Department investigated Boeing and settled the case in January 2021. After secret negotiations, the government agreed not to prosecute Boeing on a charge of defrauding the United States by deceiving regulators who approved the plane.

In exchange, the company paid $2.5 billion — a $243.6 million fine, a $500 million fund for victim compensation, and nearly $1.8 billion to airlines whose Max jets were grounded.

Boeing has faced civil lawsuits, congressional investigations and massive damage to its business since the crashes in Indonesia and Ethiopia.

St. Paul copper wire thief gets probation for latest caper

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A St. Paul man with a record of stealing copper wire from streetlights has avoided prison time for a January incident in the city’s Frogtown neighborhood.

E Xiong, 47, pleaded guilty to felony possession of burglary or theft tools after reaching an agreement with Ramsey County prosecutors last month. Judge Joy Bartscher followed the agreement on May 3, staying a 13-month prison sentence for three years, during which time Xiong will be on supervised probation.

E Xiong (Courtesy of the Ramsey County Sheriff’s Office)

Xiong was ordered to pay the city of St. Paul $548 in restitution. The amount of restitution is based in part on a person’s ability to pay.

Xiong was arrested around 3 a.m. Jan. 18 after police were called to the 800 block of Sherburne Avenue, just north of University Avenue, on a report of people stealing wire from a streetlight. An officer saw a man riding a bike and tried to stop and question him, but he fled down an alley behind University Avenue, the charges say.

The bicyclist crashed and was identified as Xiong. He said he fled because he was wanted on a Ramsey County felony warrant for theft.

In Xiong’s backpack were wires, copper, a wire cutter, screwdriver and saw blade, the charges say. He said he found the wires, and that he uses the tools to fix his bike.

Officers located five damaged light posts in the area.

Previous cases

At the time of his arrest, Xiong had two open cases involving theft of wires from St. Paul streetlights, court records show. They’ve since been resolved.

In March, Xiong was convicted of gross misdemeanor theft and put on probation for three years after admitting to stealing wires last summer from three streetlights near Lorient Street and University Avenue.

Officers found bundles of wire in Xiong’s pockets. He told an officer he receives between $150 and $200 for scrapping the wire at a local company, the criminal complaint says.

St. Paul Public Works put repair and replacement at $4,000.

As part of an August plea deal, prosecutors agreed to dismiss a second case filed in May 2022. In that one, Xiong and another man were caught by police kneeling next to the base of a light pole with tools near Wheelock Parkway by Lake Phalen, the complaint says.

Growing problem

With prices rising, copper wire has become a more common target over the past year or more, leading to long strings of darkened streetlights throughout the city, especially in and around the city’s parks and river roads.

St. Paul spent $1.2 million last year on repair and replacement due to wire theft and accompanying damage to streetlights and traffic signals, compared with $250,000 in 2019, according to the city.

Two St. Paul legislators are sponsoring bills that would require anyone selling copper metal to have a state-issued license. Construction contractors, people who work in residential trades and other licensed workers would continue to be allowed to sell copper and wouldn’t need a separate license. The bills would still allow residents and businesses to recycle copper materials with scrap metal companies for free.

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Westminster dog show is a study in canine contrasts as top prize awaits

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NEW YORK — If every dog must have its day, one champion canine is about to have its year.

By the end of Tuesday night, one of the more than 2,500 hounds, terriers, spaniels, setters and others that entered this year’s Westminster Kennel Club dog show will be crowned best in show.

Will Comet the shih tzu streak to new heights after winning the big American Kennel Club National Championship last year? Or would a wise bet be Sage the miniature poodle or Mercedes the German shepherd, both guided by handlers who have won the big prize before?

What about Louis, the Afghan hound whose handler and co-owner says he lives up to his breed’s nickname as “the king of dogs”?

And that’s not all: Three more finalists are still to be chosen Tuesday evening before all seven face off in the final round of the United States’ most illustrious dog show.

In an event where all competitors are champions in the sport’s point system, winning can depend on subtleties and a standout turn in the ring.

“You just have to hope that they put it all together” in front of the judge, said handler and co-breeder Robin Novack as her English springer spaniel, Freddie, headed for Tuesday’s semifinals after a first-round win.

Named for the late Queen lead singer Freddie Mercury, the spaniel is currently the second-highest-ranked dog nationwide in The Canine Chronicle magazine’s statistics, and Novack was hopeful about his Westminster chances.

“He’s as good a dog as I can get my hands on, he’s in beautiful condition, and he loves to show,” Novack, of Milan, Illinois, reasoned as a sanguine-seeming Freddie awaited fresh grooming before it was game on again.

Dogs first compete against others of their breed. Then the winner of each breed goes up against others in its “group” — in Freddie’s case, “sporting” dogs, generally bird-hunters bred to work closely with people. The seven group winners meet in the final round.

Besides Freddie, other dogs in Tuesday’s semifinal group competitions include Monty, a giant schnauzer who is the nation’s top-ranked dog and was a Westminster finalist last year, and Stache, a Sealyham terrier. He won the National Dog Show that was televised on Thanksgiving and took top prize at a big terrier show in Pennsylvania last fall.

Monty is “a stallion” of a giant schnauzer, solid, powerful and “very spirited,” handler and co-owner Katie Bernardin of Chaplin, Connecticut, said after he won his breed Tuesday afternoon.

So “spirited” that while Bernardin was pregnant, she did obedience and other dog sports with Monty because he needed the stimulation.

While she loves giant schnauzers, “they’re not an easy breed,” she cautions would-be owners. But she adds that the driven dogs can be great to have “if you can put the time into it.”

A fraction of Monty’s size, Stache the Sealyham terrier showcases a rare breed that’s considered vulnerable to extinction even in its native Britain.

“They’re a little-known treasure,” said Stache’s co-owner, co-breeder and handler, Margery Good, who has bred “Sealys” for half a century. Originally developed in Wales to hunt badgers and other burrowing game, the terriers with a “fall” of hair over their eyes are courageous but comedic — Good dubs them “silly hams.”

“They’re very generous with their affection and their interest in pleasing you, rather than you being the one to please them,” said Good, of Cochranville, Pennsylvania.

Westminster can feel like a study in canine contrasts. Just walking around, a visitor could see a Chihuahua peering out of a carrying bag at a stocky Neapolitan mastiff, a ring full of honey-colored golden retrievers beside a lineup of stark-black giant schnauzers, and handlers with dogs far larger than themselves.

Shane Jichetti was one of them. Ralphie, the 175-pound (34-kg) great Dane she co-owns, outweighs her by a lot. It takes considerable experience to show so big an animal, but “if you have a bond with your dog, and you just go with it, it works out,” she said.

Plus Ralphie, for all his size, is “so chill,” said Jichetti. Playful at home on New York’s Staten Island, he’s spot-on — just like his harlequin-pattern coat — when it’s time to go in the ring.

“He’s just an honest dog,” Jichetti said.

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Former Current DJ Mary Lucia has returned to radio

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Mary Lucia has returned to radio, although this time she’ll be working behind the scenes.

On May 6, Lucia began her new job as the program advisor at the University of Minnesota’s Radio K. It’s one of three paid, full-time positions at the college radio station, which is otherwise staffed by students. Her job entails training the volunteer DJs, coaching the station’s weekly “Real College Podcast” and advising the student-run programming.

A native of Massachusetts and the younger sister of the Replacements’ Paul Westerberg, Lucia began her Twin Cities radio career in the early ’90s on REV 105. She went on to host on Zone 105 and KSTP 1500.

When St. Paul-based Minnesota Public Radio launched its music station The Current in January 2005, Lucia was hired as afternoon drive host. She quickly became one of The Current’s most popular DJs and was voted best FM radio personality by the late alt-weekly City Pages 12 times.

In April 2022, Lucia surprised listeners when she said she was leaving the station. In a Facebook post she wrote that she was “concerned with equity and fair treatment of all of my sisters at the station.” She took several shots at management during her final on-air shift, soon after which the station fired program director Jim McGuinn.

In the time since, Lucia wrote a column for the local arts and culture publication Dispatch, which went on hiatus last year. She also wrote a memoir, “What Doesn’t Kill Me Makes Me Weirder and Harder to Relate To,” which will be published in the spring of 2025 by the University of Minnesota Press. In it, she addresses the stalker who harassed her to the point that she took a seven-month leave of absence from The Current in 2015. The same man later went on to stalk Lucia’s coworker Jade Tittle, who left the station in October.

During her career, Lucia has interviewed everyone from Johnny Rotten to Tori Amos to Trent Reznor and is known for her warm, personable on-air charm. She has appeared in commercials, local theater and in the films “The Last Word” and “Tuscaloosa.” She also was the narrator for the audiobook of Bob Mehr’s acclaimed biography “Trouble Boys: The Story of the Replacements.”

Lucia also “likes cats and dogs more than people,” according to a Radio K news release.

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