Victims’ Families OUTRAGED: Fraud Charges Dropped?

Airplane mid flight against a cloudy sky

Justice Department plans to drop criminal charges against Boeing over 346 deaths from 737 Max crashes, sparking outrage among victims’ families who call the decision “morally repugnant.”

Key Takeaways

  • The DOJ is considering dismissing criminal fraud charges against Boeing related to the 737 MAX crashes that killed 346 people in 2018 and 2019.
  • Boeing may avoid prosecution through a deal that includes fines, victim compensation, and safety improvements, despite allegedly misleading regulators about the MCAS system.
  • Victims’ families are outraged by the potential nonprosecution agreement, with their attorney stating it would “dishonor the memories of 346 victims.”
  • A federal judge previously rejected Boeing’s $2.5 billion settlement from 2021, criticizing the monitor selection process and scheduling a trial for June 23.
  • The crashes were linked to Boeing’s Maneuvering Characteristics Augmentation System (MCAS), which malfunctioned due to erroneous sensor readings.

DOJ Considers Dropping Criminal Charges Against Boeing

The Department of Justice is considering dropping criminal fraud charges against Boeing related to the crashes of two 737 MAX aircraft that killed 346 people. Prosecutors are working on a deal that would allow the aerospace giant to avoid prosecution for criminal fraud charges stemming from the October 2018 crash in Indonesia and the March 2019 crash in Ethiopia. The proposed agreement includes Boeing paying fines, establishing a compensation fund for victims’ families, implementing compliance improvements, and hiring an independent consultant to oversee safety protocols.

This potential “nonprosecution agreement” has triggered intense backlash from the families of those who perished in the crashes. The victims’ relatives were informed of the Justice Department’s intentions during a virtual meeting on Thursday, where many expressed their dismay and frustration with what they view as corporate immunity for deadly negligence. The unprecedented move would effectively terminate the prosecution despite Boeing’s alleged violation of its previous settlement terms.

The Fatal Flaws of the MCAS System

At the heart of both crashes was Boeing’s Maneuvering Characteristics Augmentation System (MCAS), a flight control system that investigators determined malfunctioned due to erroneous readings from a single angle-of-attack sensor. Boeing allegedly misled the Federal Aviation Administration about this critical system, removing information about MCAS from the 737 Max flight manual. This omission resulted in inadequate pilot training and insufficient regulatory oversight, creating a dangerous scenario where pilots were unprepared to handle the system’s malfunction.

“Dismissing the case would dishonor the memories of 346 victims,” said Paul Casell, an attorney representing the victims’ families.

The flawed design of the MCAS system relied on input from only one sensor, creating a single point of failure that proved catastrophic. When the sensor provided incorrect data, the system repeatedly forced the aircraft’s nose downward, eventually causing both planes to crash. Boeing’s decision to implement this system without adequate safeguards or proper disclosure to regulators and pilots has been central to the criminal fraud allegations that the Justice Department may now abandon.

Failed Settlements and Judicial Concerns

In 2021, Boeing reached a $2.5 billion settlement with the DOJ, allowing the company to avoid prosecution by agreeing to improve compliance and safety programs. However, in May 2024, prosecutors claimed Boeing had violated the settlement terms by failing to implement promised reforms, leading to negotiations for a new plea deal. The revised agreement included a $243.6 million fine, $455 million for safety improvements, and oversight by an independent monitor.

U.S. District Judge Reed O’Connor ultimately rejected this plea deal, siding with victims’ families who demanded a full trial. The judge specifically criticized the process for selecting the independent monitor and the exclusion of the court from the appointment process. This judicial rebuke raised serious questions about the independence and effectiveness of the oversight mechanisms proposed in Boeing’s settlement attempts.

Trial Date Looms as Families Fight for Justice

A trial is currently scheduled to begin on June 23 in Texas, though the Justice Department’s latest move could prevent this proceeding from taking place. The DOJ has stated it will consider statements from victims’ families before making a final decision on whether to drop the case entirely. For many families who lost loved ones, the trial represents their last hope for accountability and transparency regarding the decisions that led to the crashes.

The potential dismissal comes as Boeing faces renewed scrutiny over its safety culture following other incidents, including a door plug blowout on a 737 MAX 9 in January. Critics argue that dropping criminal charges sends a dangerous message about corporate accountability in cases involving mass casualties, potentially undermining public confidence in both the justice system and aviation safety oversight.

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