Boeing Fair Fund

The purpose of the Plan Notice is to inform you that you may be eligible to share in the proceeds of the Boeing Fair Fund. To be potentially eligible to share in the Boeing Fair Fund, you must file a Claim Form in accordance with the steps set forth in the Plan Notice and in the Plan of Distribution (the “Plan”) approved by the Securities and Exchange Commission (“SEC” or “Commission”).

A copy of the Notice can be found here.

On September 22, 2022, the Commission issued two separate, but related Orders instituting and simultaneously settling cease-and-desist proceedings against the Respondents. In the Orders, the Commission found that the Respondents failed to exercise reasonable care in making statements to the public following two fatal accidents (the Lion Air Flight 610 and Ethiopian Airlines Flight 302) involving its new 737 MAX line of aircraft. Those failures resulted in Respondents making materially misleading statements to investors in Boeing’s November 27, 2018 press release about the Lion Air crash and in Muilenburg’s public statements in April 2019 following the Ethiopian Airlines crash. By failing to exercise reasonable care to ensure those statements provided all facts necessary to make those statements to investors not misleading under the circumstances, Boeing and Muilenburg violated Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933. In their respective Orders, the Commission ordered Boeing and Muilenburg to pay $200,000,000 and $1,000,000 in civil money penalties, respectively, to the Commission. In each of the Orders, the Commission also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalties paid can be distributed to harmed investors, and further ordered that the funds may be combined with any other distribution or Fair Fund arising out of the same facts that are the subject of the Order.

The Respondents have paid in full. In accordance with the Orders, the $201,000,000 paid by the Respondents has been combined and comprises the Fair Fund. The Fair Fund has been deposited in a Commission-designated account at the U.S. Department of the Treasury, and any accrued interest will be added to the Fair Fund.

To qualify for a payment from the Boeing Fair Fund, you must satisfy certain eligibility criteria that are described in detail in the Plan. The Plan can be found under the Important Documents page or on the Commission’s public website at www.sec.gov/divisions/enforce/claims/boeing.htm. You can also request a copy of the Plan by calling the Fund Administrator at 1-855-526-1427 or by emailing info@BoeingFairFund.com. The eligibility criteria include the following:

Individuals and entities, or their lawful successors, who purchased or acquired The Boeing Company common stock listed on a U.S. exchange and registered with the Commission and traded under the symbol BA (the “Security”) during the period between November 28, 2018 and October 17, 2019, inclusive, (“Relevant Period”). Your approved transactions must calculate to a Recognized Loss as calculated under the Plan and your Distribution Payment must equal or exceed $10.00.

PLEASE NOTE: RECEIPT OF THE NOTICE DOES NOT MEAN THAT YOU ARE AN ELIGIBLE CLAIMANT AS THAT TERM IS DEFINED IN THE PLAN.

You are excluded from participation in the Boeing Fair Fund if you are an Excluded Party as defined in the Plan, including:

• The Respondents (“The Boeing Company” and “Dennis A. Muilenburg”);
• Present or former officers or directors of Respondents or any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing Persons or entities;
• Any employee or former employee of the Respondents or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order;
• Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related Commission action;
• Any firm, trust, corporation, officer, or other entity in which Respondents have or had a controlling interest;
• The Fund Administrator, its employees, and those Persons assisting the Fund Administrator in its role as the Fund Administrator; or
• Any purchaser or assignee of another Person’s right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance or devise.

On May 10, 2023, the Commission appointed Epiq Class Action & Claims Solutions, Inc. (“Epiq”), as the Fund Administrator.

“Relevant Period” means the period of time between November 28, 2018, and October 17, 2019, inclusive.

The Commission ordered Boeing and Muilenburg to pay $200,000,000 and $1,000,000 in civil money penalties, respectively, to the Commission. The Commission also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalties paid can be distributed to harmed investors. The Respondents have paid in full. In accordance with the Orders, the $201,000,000 paid by the Respondents has been combined and comprises the Fair Fund. The Fair Fund has been deposited in a Commission-designated account at the U.S. Department of the Treasury, and any accrued interest will be added to the Fair Fund.

To participate in the Fair Fund, you must timely submit a completed and signed Claim Form with supporting documents to:

Boeing Fair Fund
Fund Administrator
P.O. Box 5899
Portland, OR 97228-5899

A Claim Form was included with the mailed Plan Notice and is available for download here. If you do not complete and timely submit a Claim Form, you will not be considered for eligibility to receive a Distribution Payment under the Plan.

The completed and signed Claim Form, with supporting documentation, must be postmarked, or if not sent by U.S. Mail, received at the above address by December 31, 2024. Claims postmarked or, if not sent by U.S. mail, received after December 31, 2024, will not be eligible to participate in the distribution of the Boeing Fair Fund.

Please note that filing a Claim Form does not assure that you will share in the proceeds of the Fair Fund created in this matter. A Potential Claimant’s eligibility for a Distribution Payment under the Plan will be determined by the Fund Administrator in accordance with the Plan.

You must document each transaction that you include on your Claim Form. Acceptable forms of supporting documentation include, but are not limited to:

1. Trade confirmation slips from brokerage firms that list the security name, the name of the beneficial owner, the type of transaction, the date of the transaction, the number of shares, and the total amount of the transaction; or
2. Monthly statements from brokerage firms that detail all activity within a month.

Acceptable documentation must include the name of the owner or owners of the account for which you are filing a claim, the name of the broker through whom the security was traded, trade date, number of shares purchased, acquired and/or sold, and price paid (excluding brokers’ commissions, taxes and fees).

Acceptable documentation includes contract notes, brokers’ confirmation slips, account activity pages from brokers’ computer printouts (including the front page), or account activity pages from brokers’ monthly statements (including the front page), if those statements contain the required information. Letters from your broker are acceptable only if they are on the brokers’ letterhead and contain the required information listed above. Your own records or certificates DO NOT constitute acceptable documentation. We cannot pre-approve any documentation as acceptable without seeing it first.

Depending on how you acquired your investment in BA, you can generally obtain the necessary documentation to submit with a Claim Form from:

1. your broker;
2. your tax advisor; and/or
3. the person/party from whom you purchased, or through whom you sold, the security.

Acceptable supporting documentation must be included with your completed Claim Form, or your claim may be rejected.

Most brokerage firms and financial institutions assign account numbers to your account for easier reference. This number is typically included on the statements you receive. Please include your account number on Part II of the Claim Form.

The deadline to submit a completed and signed Claim Form with the necessary documentation is December 31, 2024. The Claim Form must be postmarked, or, if not sent by U.S. mail, received by the Fund Administrator (Epiq) by this date.

Yes. If your Claim Form is deficient, you will receive a Deficiency Notice setting forth the reason why the claim is deficient and advising you of the opportunity to cure such deficiency.

Until all claims have been fully processed, it is not possible to determine the amount of any individual payment because the amount will depend on a variety of factors, including the number of valid claims processed and the details of your specific investment(s). In order for a claim to be paid, the Distribution Payment must equal or exceed $10.00.

As a long-established firm, Epiq's electronic systems, software applications, and employee and operational protocols are all designed to protect and secure the case information provided. Further, Epiq is obligated to fulfill the security requirements mandated by the various court jurisdictions and governmental entities that oversee the various types of cases it administers.

You may contact the Fund Administrator by calling toll-free 1-855-526-1427, sending an email to info@BoeingFairFund.com, or by writing to P.O. Box 5899, Portland, OR 97228-5899 for more information.

The Ticker symbol for The Boeing Company common stock listed on a U.S. exchange and registered with the Commission is: BA.

The CUSIP for The Boeing Company common stock listed on a U.S. exchange and registered with the Commission is: 097023105.