Victims outraged as "deal" with US government allows Boeing to avoid criminal prosecution Fatal 737 Max crashes in Indonesia, Ethiopia

The US Justice Department has reached a tentative agreement with Boeing that would let the aerospace company avoid criminal prosecution over allegations it misled American regulators about the 737 Max jet prior to two fatal crashes in 2018 and 2019 that killed 346 people. The “agreement in principle” requires Boeing to pay or invest over $1.1 billion, including $445 million in new compensation for victims’ families. In exchange, the Justice Department would dismiss a fraud charge, sparing Boeing from a criminal conviction that might have impacted its eligibility for government contracts.

A Justice Department spokesperson called the resolution the most just outcome this week, balancing the facts, the law, and department policy. However, as an article by AP points out, the decision has drawn criticism from some victims’ families and their legal representatives, who argue it fails to hold Boeing fully accountable.

Paul Cassell, attorney for several families, called the deal “unprecedented and obviously wrong,” saying they will urge the court to reject it. Javier de Luis, who lost his sister in one of the crashes, said the Justice Department is walking away “from any pretence to seek justice for the victims of the 737Max crashes.” “The message sent by this action to companies around the country is, don’t worry about making your products safe for your customers,” he said in a statement. “Even if you kill them, just pay a small fine and move on.”

Deadly system malfunction

The crashes—one off Indonesia in 2018, the other in Ethiopia in 2019—stemmed from a flawed software system called MCAS that Boeing installed in the 737 Max but failed to disclose to pilots or airlines. The system could push the plane’s nose down automatically based on faulty sensor data. After the second crash, 737 Max aircraft were grounded worldwide until Boeing redesigned MCAS to reduce its power and rely on two sensors instead of one.

Boeing had originally struck a deal with prosecutors in 2021, agreeing to pay $2.5 billion and avoid prosecution if it complied with anti-fraud measures over three years. But last year, prosecutors said Boeing failed to meet the terms, prompting the company to agree to plead guilty in July 2023 to a felony fraud charge. That deal, however, was rejected in December by US District Judge Reed O’Connor in Fort Worth, who raised concerns that diversity and inclusion policies could affect the appointment of a monitor overseeing Boeing’s compliance.

The Justice Department acknowledged differing opinions among the families, some of whom supported the deal while others remain deeply opposed. The case has become a symbol of how the US legal system handles corporate accountability, with critics accusing the government of going too easy on one of the nation’s most powerful companies.

By Nazrin Sadigova