Boeing officially off the hook for criminal charges in deadly crashes that killed 346 people
Boeing to pay hundreds of millions as part of non-prosecution deal, with $444.5M US going to victims' fund
A U.S. judge on Thursday approved a request by the Justice Department to dismiss a criminal case against Boeing stemming from two fatal 737 MAX plane crashes that killed 346 people including 18 Canadians.
However, Judge Reed O'Connor, of the U.S. District Court in Fort Worth, Texas, said he disagreed with the Justice Department that dismissing the case is in the public interest but said he did not have authority to reject the decision. He added the government's deal with Boeing "fails to secure the necessary accountability to ensure the safety of the flying public."
Boeing did not immediately comment.
In September, O'Connor held a three-hour hearing to consider objections to the deal, questioning the government's decision to drop a requirement that Boeing face oversight from an independent monitor for three years and instead hire a compliance consultant.
He heard anguished objections from relatives of some of those killed in the crashes in Indonesia in 2018 and Ethiopia in 2019 to the non-prosecution agreement.
Ahead of that hearing, Toronto native Chris Moore in a statement characterized the non-prosecution as a "ludicrous plea bargain." Moore's adult daughter Danielle was among 18 Canadian citizens and 149 passengers killed when the Max 8 plane bound for Nairobi crashed shortly following takeoff from the Ethiopian capital of Addis Ababa in January 2019.
Moore said the deal shielded "the rich and powerful at the expense of life, liberty and the pursuit of happiness for the people."
There were no Canadians among the 181 passengers who died in the October 2018 crash on a domestic flight inside Indonesia. Sixteen crew members in all also died in the Indonesia and Ethiopia disasters.
Judge critical of the deal
O'Connor on Thursday said the government's position is "Boeing committed crimes sufficient to justify prosecution, failed to remedy its fraudulent behaviour on its own during the (deferred prosecution agreement) which justified a guilty plea and the imposition of an independent monitor, but now Boeing will remedy that dangerous culture by retaining a consultant of its own choosing."
The government argued Boeing has improved and the Federal Aviation Administration is providing enhanced oversight.
Boeing and the government argued O'Connor had no choice but to dismiss the case.
O'Connor said in 2023 that "Boeing's crime may properly be considered the deadliest corporate crime in U.S. history," and it appeared at one point last year the company might face charges.
Under the non-prosecution deal, Boeing agreed to pay an additional $444.5 US million into a crash victims' fund to be divided evenly per victim of the two fatal 737 MAX crashes, on top of a new $243.6 million fine and over $455 million to strengthen the company's compliance, safety, and quality programs.
Boeing has negotiated pre-trial settlements in most of the dozens of wrongful death lawsuits filed after the Ethiopian crash, including with Canadian Paul Njoroge. The Toronto resident lost his wife, three children and mother-in-law in the crash.
Details of the settlements were confidential and not disclosed.
Lawyers say less than a dozen lawsuits remain unresolved, though one trial began this week.
An eight-person jury in Chicago is to assess damages related to the the death of passenger Shikha Garg, a United Nations consultant. Unless a settlement is reached first, the panel will decide compensation for matters such as burial expenses, loss of income, and grief suffered by immediate family members.
https://www.cbc.ca/news/world/boeing-criminal-case-agreement-9.6969078
