Federal Judge Dismisses Criminal Charge Against Boeing in 737 Max Case
A federal judge in Texas has granted the government's request to dismiss a criminal conspiracy charge against Boeing related to two 737 Max jetliner crashes. These incidents, occurring in 2018 and 2019, resulted in the deaths of 346 individuals.
As part of the resolution, Boeing has agreed to an additional financial commitment of $1.1 billion. This includes funds for fines, compensation for victims' families, and investments in internal safety and quality measures. The agreement also permits Boeing to select its own compliance consultant, foregoing an independent monitor.
Court Rationale and Victim Responses
U.S. District Judge Reed O'Connor, in his ruling on Thursday, stated that the agreement "fails to secure the necessary accountability to ensure the safety of the flying public." However, he affirmed the court's inability to block the dismissal based solely on a disagreement with the government's assessment of public interest. The Justice Department had indicated that proceeding with a jury trial carried a risk of exempting Boeing from further penalties.
Judge O'Connor further noted that the government had not acted in bad faith, had provided explanations for its decision, and had fulfilled its obligations under the Crime Victims' Rights Act.
The crashes involved a Lion Air flight in October 2018 off Indonesia and an Ethiopian Airlines flight in March 2019 after takeoff from Addis Ababa; all passengers and crew on both flights perished.
Some relatives of the victims intend to appeal Judge O'Connor's decision. During a September hearing in Fort Worth, family members from various countries urged the court to reject the deal and appoint a special prosecutor, expressing concerns about accountability.
Boeing issued a statement following the ruling, affirming its commitment to the agreement and its ongoing efforts to enhance safety, quality, and compliance programs. The Justice Department also commented, expressing confidence in the resolution as "the most just outcome." While families of 110 crash victims either supported or did not oppose the deal, nearly 100 families voiced opposition.
Case Background and Technical Details
The Justice Department initially charged Boeing in 2021 with defrauding the government. An agreement was reached where Boeing would avoid prosecution by paying a settlement and adhering to anti-fraud laws. Subsequently, federal prosecutors reported that Boeing had violated this agreement, leading to a proposed guilty plea deal which Judge O'Connor ultimately rejected.
A civil trial concerning the Ethiopia crash commenced Wednesday in federal court in Chicago, aiming to determine compensation for the family of one victim, United Nations consultant Shikha Garg.
The criminal case focused on the Maneuvering Characteristics Augmentation System (MCAS) software developed by Boeing for the 737 Max. The aircraft was introduced in 2017 as an updated 737, with Boeing suggesting it would require minimal additional pilot training.
However, the 737 Max incorporated significant modifications, including the MCAS, designed to offset the effects of larger engines. Boeing did not include information about this system in airplane manuals, and most pilots were not aware of its presence.
In both fatal crashes, the MCAS software repeatedly commanded the aircraft's nose downward based on erroneous input from a single sensor, preventing pilots from regaining control. Following the Ethiopian Airlines crash, 737 Max aircraft were grounded globally for 20 months. Investigations revealed that Boeing had not informed key Federal Aviation Administration (FAA) personnel about the software changes prior to the aircraft's certification and the establishment of pilot training requirements.