The US Justice Department has stated that Boeing could face prosecution for the two subsequent crashes that claimed the lives of 346 individuals approximately five years ago. According to department officials, Boeing violated the terms of an agreement that had shielded it from legal proceedings related to the accidents, as outlined in a letter sent to a federal court in Texas. Boeing responded to AFP, stating “we believe that we have honored the terms of that agreement” and that they intend to defend themselves.
In their letter, US officials alleged that Boeing breached its obligations under a deferred prosecution agreement (DFA) by “failing to design, implement, and enforce a compliance and ethics program to prevent and detect violations of the US fraud laws throughout its operations.” Justice officials stated that such a breach could result in Boeing being prosecuted for any federal law violations related to the crashes. The government is currently evaluating how to proceed in the matter and has instructed Boeing to provide a response by June 13. US officials also plan to consult with families of the victims who perished in the Lion Air Flight 610 and Ethiopian Airlines Flight 302 crashes.
“This is a positive first step, and for the families, a long time coming,” remarked attorney Paul Cassell, who represents the families of crash victims. Cassell urged the Department of Justice to take further action and indicated that he would pursue details regarding a “satisfactory remedy” for Boeing’s wrongdoing.
In March of 2019, an Ethiopian Airlines-operated aircraft crashed southeast of Addis Ababa, resulting in the loss of all 157 people on board. It was the second incident involving a 737 MAX aircraft, a product line intended to replace the 737 NG, in a span of five months. The initial crash, which involved a Lion Air-operated MAX 8, occurred in the Java Sea of Indonesia in October of the previous year, claiming the lives of 189 individuals. Investigations revealed problems with the automated flight system as a contributing factor to both crashes, which occurred shortly after takeoff. Consequently, the aircraft were temporarily grounded or prohibited from flying in airspace worldwide.
“We will engage with the Department with the utmost transparency, as we have throughout the entire term of the agreement,” Boeing stated in a statement to AFP. This involvement, according to Boeing, included “response to their questions following the Alaska Airlines 1282 accident.” The dramatic mid-flight blowout of a fuselage panel on an Alaska Airlines plane on January 5 prompted the departures of several top Boeing executives, including CEO Dave Calhoun, who is scheduled to step down at the end of the year. It also led to a reduction in production of the 737 MAX.
Following the crashes of two Boeing 737 MAX planes in 2018 and 2019, the US Federal Aviation Administration (FAA) faced heavy criticism. Despite facing numerous inquiries and audits in the United States and abroad, Boeing has consistently assured critics that it is collaborating “with full transparency and under the oversight” of FAA regulators.
Under the DFA, Boeing was required to pay $2.5 billion in fines and restitution in exchange for immunity from criminal prosecution for charges of defrauding the government during the certification of the MAX. Early last year, a federal judge in Texas dismissed a challenge to the January 2021 DPA by relatives of crash victims, declining to order any changes to the controversial agreement. The families have maintained that Boeing’s role in what they have termed the “deadliest corporate crime” in US history warrants criminal conviction of the company and its top executives.
