DOJ Defends Controversial Boeing Plea Deal Amid Backlash from Victims’ Families

The U.S. Department of Justice (DOJ) is standing by a plea deal it struck with Boeing, following two tragic crashes that killed 346 people, arguing in a court filing on Wednesday that it lacks sufficient evidence to prosecute the company for more severe criminal offenses.

The plea deal has sparked outrage among the families of the victims, who are demanding harsher penalties for the aerospace giant.

Limited Prosecution and Narrow Focus on Charges Against Boeing

Prosecutors have stated that if the plea agreement is rejected and the case goes to trial, they will not present testimony or evidence regarding the causes of the 2018 and 2019 crashes in Indonesia and Ethiopia, respectively.

Furthermore, they indicated that they would not pursue charges against any Boeing individuals.

Instead, Boeing would be tried on a single felony charge of conspiracy to commit fraud for misleading regulators during the approval process for the 737 Max aircraft.

Under the terms of the plea deal, Boeing agreed to plead guilty to the fraud conspiracy charge.

The agreement includes a fine of at least $243.6 million, a commitment to invest $455 million in compliance and safety programs, and a three-year probation period.

Families Demand Stronger Accountability

The DOJ’s defense of the plea deal comes in response to a motion filed by relatives of the crash victims, who have asked U.S. District Judge Reed O’Connor in Fort Worth, Texas, to reject the settlement.

The families argue that the punishment proposed by prosecutors is inadequate, given the scale of the tragedy and the loss of lives involved.

Judge O’Connor now faces a crucial decision.

He can either accept the plea agreement and its proposed sentence or reject the deal, which would likely lead to further negotiations between Boeing and the DOJ.

The judge has been a vocal critic of Boeing’s conduct, previously describing it as “egregious criminal conduct.”

DOJ’s Position and Potential Consequences

In their court filing, DOJ prosecutors defended the agreement as a “strong and significant resolution” that holds Boeing accountable for the most serious charge they believe is provable—conspiracy to commit fraud.

They emphasized that pursuing more serious charges, such as manslaughter or death resulting from fraud involving aircraft parts, is not feasible based on the available evidence.

“The agreement holds Boeing to account for the most serious, readily provable offense,” DOJ officials stated.

They also reiterated that Boeing could still face charges related to the blowout of a panel from the side of an Alaska Airlines Max during a flight in January, despite the plea deal.

History of the Case and Legal Challenges

Boeing, headquartered in Arlington, Virginia, has been accused of concealing critical information about new flight-control software from the Federal Aviation Administration (FAA).

This software, which was found to be at fault in both crashes, caused the aircraft’s nose to pitch down repeatedly due to erroneous readings from a single sensor, leaving pilots unable to regain control.

In a 2021 settlement, Boeing placed the blame on two low-ranking employees for misleading regulators, a move that allowed the company to avoid criminal prosecution at the time.

However, the DOJ reopened the possibility of prosecution in May 2024, citing Boeing’s alleged violation of the settlement’s terms.

Judge O’Connor has previously ruled that he lacked the authority to overturn the 2021 deferred-prosecution agreement, which has raised questions about whether he could invalidate the current plea deal.

The judge also criticized the DOJ for not informing the victims’ families about the secret negotiations with Boeing before the 2021 settlement, which violated a law granting rights to crime victims.

This time, DOJ officials assert that they have taken a different approach, ensuring that the families’ voices were heard and incorporated into the decision-making process.

Sean Tonolli, the deputy chief of the DOJ’s fraud section, emphasized that prosecutors “have repeatedly and extensively consulted with the families,” including discussing the terms of the plea agreement.

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