Lawyers: Department of Justice proposes Boeing won't be criminally liable in 737 Max crashes
More than six years after the crashes of two 737 Max jets that killed 346 people, lawyers for the families who lost loved ones said the U.S. Department of Justice informed them it apparently intends to drop all criminal charges against the airliner.
The lawyers said they learned of the DOJ's proposed intent to "back down from any criminal prosecution" and dismiss the case against Boeing during an online meeting May 16. Instead of pleading guilty, Boeing would receive a non-prosecution agreement.
The apparent agreement would halt a scheduled June 23 trial date for Boeing. The airliner faced charges it misled U.S. regulators about a crucial flight control system on the 737 MAX, its biggest-selling jet. The deal would need a judge's approval.
Paul Cassell, an attorney for the victims’ families and a University of Utah law professor, said in a statement that the Justice Department "conveyed their preconceived idea that Boeing should be allowed to escape any real consequences for its deadly lies."
Cassell added that family members expressed outrage at the DOJ's proposed non-prosecution deal and urged the department to reject it. Cassell asked the DOJ if he could submit additional written arguments against this proposal, explaining the families’ position by May 23. The DOJ responded that it would get back to the families.
"We hope that this bizarre plan will be rejected by the leadership of the Department," Cassell said. "If not – and if the Department moves to dismiss the case – we will strenuously object before Judge O’Connor."
Boeing declined Paste BN's request for comment. The Justice Department did not immediately respond to Paste BN seeking comment.
The apparent decision comes as the families have pushed the Justice Department to hold Boeing accountable for the deaths. The airline manufacturer has paid billions in settlements resulting from Lion Air Flight 610, which killed 189 people in 2018, and Ethiopian Airlines Flight 302, which killed 157 people in 2019. The crashes were caused by faulty flight control software issues just minutes after takeoff.
But Boeing has largely avoided criminal prosecution. Boeing reached a deal with the Justice Department regarding its criminal investigation in January 2021 and was placed on corporate probation.
However, federal prosecutors claimed Boeing violated the deal in 2024. The Justice Department said in a court filing that Boeing failed to "design, implement, and enforce a compliance and ethics program to prevent and detect violations of the U.S. fraud laws throughout its operations."
The government was weighing whether to pursue prosecution of Boeing, as lawyers representing families of the victims who died in the crash had hoped to see further action.
Victims' families and lawyers appalled by apparent DOJ decision against Boeing
The latest DOJ proposal with Boeing has left the victims' families frustrated and angry, their lawyers said. Sanjiv Singh, a lawyer representing the families of 16 victims in Lion Air Flight 610, said he is appalled by the decision.
"We view the current tentative NPA effectively as a 'slap on the wrist' dismissal equivalent, and as such, I find it appalling and morally repugnant that this is even a consideration," Singh said. "I am also appalled by the DOJ's professed fear of losing at trial against Boeing. In what Alice in Wonderland world does Boeing win at trial, given the facts we know?"
Robert A. Clifford, an attorney representing the families of nearly 70 victims, said, "We are offended by this deal, and we will challenge this."
Chris Moore of Toronto, Canada, whose 24-year-old daughter Danielle was killed in the Ethiopian Airlines Flight 302, said in a statement, the case isn’t about money.
"You have no humanity," Moore said. "It’s about justice."
Cassell, a former federal judge who is representing the crash victims' families for free, said dismissing the case would "dishonor the memories of 346 victims, (whom) Boeing killed through its callous lies."
"We hope that Judge will use his recognized (authority) under federal law to reject (a) proposal like this that are clearly contrary to the public interest,” Cassell said.