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A federal judge ruled Thursday in favor of the Department of Justice, dismissing felony charges against Boeing related to two fatal crashes of its 737 MAX 8 aircraft that killed 346 people in Indonesia and Ethiopia.
Judge Reed O’Connor of the Northern District of Texas accepted the DOJ’s motion to dismiss the charges despite opposition from some victims’ families. The judge determined that the government had not acted in bad faith and had fulfilled its obligations under the Crime Victims’ Rights Act.
Boeing had previously agreed to plead guilty to conspiracy to defraud the government. Under the non-prosecution agreement reached with federal authorities, the aerospace giant will pay more than $1.1 billion in fines, allocate over $455 million to strengthen its compliance, safety and quality programs, and provide an additional $445 million for the families of crash victims.
“On top of the financial investments, Boeing must continue to improve the effectiveness of its anti-fraud compliance and ethics program and retain an independent compliance consultant,” a DOJ spokesperson said in a statement.
In his ruling, Judge O’Connor acknowledged concerns about Boeing’s ability to choose its own compliance consultant rather than having one independently appointed. He also expressed understanding that families might be disappointed the agreement “fails to secure the necessary accountability to ensure the safety of the flying public,” according to media reports.
The crashes in question occurred in October 2018 and March 2019. The second incident, Flight ET-302, crashed shortly after takeoff from Addis Ababa Bole International Airport in Ethiopia while en route to Kenya, killing all 157 people on board. Both disasters were linked to flaws in the aircraft’s automated flight control system.
Tracy Brammeier, a partner at Clifford Law Offices who represents some of the plaintiffs, said the victims’ families would quickly appeal the ruling.
“The judge recognizes there is a miscarriage of justice on the part of the government’s decision not to prosecute the case, and that this was not in the best interest of the public, which the government serves,” Brammeier stated. “Unfortunately, he feels the power to right this wrong is limited by legal precedent.”
The decision comes as Boeing continues to face scrutiny over its safety practices. The crashes exposed serious design flaws in the 737 MAX aircraft and led to a global grounding of the fleet for nearly two years, costing the company billions in compensation to airlines and damaging its reputation.
Some progress in civil litigation was made Wednesday when three cases involving families of victims in the 2019 crash were settled after jury selection. These included cases representing a 28-year-old mother from Kenya who left behind a daughter and parents, a 38-year-old father of seven from Yemen and Kenya, and a 30-year-old father of three from the UK and Kenya whose wife was pregnant at the time of his death.
According to the attorneys representing families, nearly a dozen cases related to the two crashes remain unresolved.
The Department of Justice defended its decision, stating that “victims are at the heart of the Department’s mission” and that the agreement provides finality while requiring immediate action from Boeing.
“As the Court recognized, the Department in good faith complied with its statutory obligations and met extensively with the crash victims’ families,” a DOJ spokesperson said. “While they are all experiencing grief, and nothing will diminish their losses, the victims have expressed a broad set of views regarding the resolution, ranging from support to disagreement.”
Boeing, in response to the ruling, stated it is “committed to honoring the obligations of our agreement with the Department of Justice” and “to continuing the significant efforts we have made as a company to strengthen our safety, quality, and compliance programs.”
The decision represents a significant legal victory for Boeing as it attempts to move past one of the darkest chapters in its corporate history, though the company continues to face ongoing scrutiny from regulators, airlines, and the flying public over its safety culture and manufacturing practices.
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8 Comments
It’s good to see the judge acknowledge the concerns around Boeing’s influence in the settlement process. Maintaining strong compliance and ethics programs is crucial to prevent such disasters from happening again. Curious to see how this plays out going forward.
It’s concerning to see the felony charges dismissed, especially when the victims’ families have voiced their opposition. Maintaining public trust in the justice system is crucial, and this decision seems to fall short in that regard. I hope the continued oversight and compliance measures can help rebuild that trust.
This case highlights the ongoing challenges of corporate accountability and the need for stronger regulatory oversight. While the financial penalties are significant, I wonder if they truly reflect the gravity of the situation and provide adequate justice for the victims’ families.
This case highlights the challenges of navigating the complexities of corporate crime and accountability. While the financial penalties are significant, I wonder if they truly reflect the gravity of the situation and provide adequate justice for the victims’ families.
Balancing the interests of various stakeholders in high-profile cases like this is always a delicate process. While the financial penalties are substantial, I’m not convinced they fully address the need for transparency and justice for the victims and their families.
This is a concerning development. While I understand the need to balance various interests, I’m troubled that the victims’ families appear to have been left out of the process. Transparency and accountability should be paramount when such tragic incidents occur.
While the financial penalties are substantial, the dismissal of felony charges despite opposition from victims’ families raises significant questions about the fairness and transparency of the justice system. Corporations must be held to the highest standards of accountability, and I hope this case leads to further scrutiny and reforms.
The dismissal of felony charges despite opposition from victims’ families is concerning. Corporations must be held fully accountable for their actions, especially when lives are lost. I hope the continued oversight and compliance measures can help restore some measure of trust.