A United States judge is scheduled to conduct a hearing on Wednesday to determine the approval of an agreement between the Justice Department and Boeing. This agreement would allow Boeing to avoid prosecution for a charge related to two fatal crashes involving the 737 Max planes that resulted in the tragic deaths of 346 individuals.
Judge Reed O’Connor in Texas will review objections raised by family members of some crash victims in Indonesia in 2018 and Ethiopia in 2019. These objections pertain to a deal that grants Boeing a three-year exemption from oversight by an independent monitor. Notably, the Ethiopian crash claimed the lives of 18 Canadian citizens.
Previously, Boeing had agreed to plead guilty to a criminal fraud charge under a deal with prosecutors, admitting that it had misled U.S. regulators regarding a critical flight control system on the 737 Max, its popular aircraft model. However, the company later reversed its decision on this plea deal.
The initial plea agreement was reached during the final months of the Biden administration, but Judge O’Connor rejected it in December due to concerns about a diversity and inclusion provision linked to the selection of an independent monitor. This rejection extended the case into the Trump administration, which subsequently negotiated a non-prosecution agreement.
Chris and Clariss Moore, parents of Danielle Moore, a victim of the Ethiopian crash, are expected to attend the hearing. Chris Moore criticized the non-prosecution agreement as an unreasonable compromise, expressing concerns about justice and safety for air passengers.
While some families have settled civil suits with Boeing, certain family members argue that dismissing the charge is not in the public interest. They reference O’Connor’s previous statement labeling Boeing’s actions as possibly the deadliest corporate crime in U.S. history. Attorney Paul Cassell, representing some relatives, asserts that the deal is unjust and against public interest.
Boeing contends that the decision to prosecute lies solely with the executive branch. The company has requested Judge O’Connor to dismiss objections from families and approve the government’s request to drop the criminal charge.
Under the terms of the non-prosecution agreement, Boeing agreed to contribute $444.5 million US to a fund for crash victims, in addition to a $243.6-million fine. This sum, totaling $1.1 billion, includes compensatory payments to families and investments to enhance compliance, safety, and quality programs at Boeing.
The Justice Department disclosed that the majority of families have settled civil suits with Boeing, receiving several billion dollars collectively. Boeing has faced increased scrutiny from the Federal Aviation Administration since January 2024, following an incident involving a Max 9 aircraft, prompting the Justice Department to revisit the prior fatal crashes and negotiate a revised agreement with Boeing.