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Families of the victims of Ethiopian Airlines Flight 302

Families of the victims of Ethiopian Airlines Flight 302, a Boeing 737 Max 8 that crashed in 2019, attended a U.S. Senate hearing that featured testimony by Boeing CEO Dave Calhoun in Washington, D.C., on June 18, 2024.

(Photo: Allison Bailey/Middle East Images/AFP via Getty Images)

DOJ-Boeing Deal Over Deadly Crashes Called 'Utterly Appalling'

"This kind of nonprosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history," said one attorney representing crash victims' families.

The Trump administration on Friday faced swift backlash to the U.S. Department of Justice's deal to end a felony case against Boeing that stemmed from a pair of 737 MAX passenger jet crashes that collectively killed 346 people in Ethiopia and Indonesia.

Responses on social media included: "No accountability, no safety, just corruption." "Really gotta feel for the families here. Just awful." "Just utterly appalling that Boeing escape[s] real criminal penalties here. People should have gone to jail." "They don't want to set the precedent that powerful people should have to answer to the public for fucking up."

Some critics also pointed to U.S. President Donald Trump's controversial luxury Boeing plane from the Qatari government, asking: "Is Trump getting another free plane? Is that the deal?"

During the Biden administration, Boeing had agreed to plead guilty to a criminal fraud conspiracy charge and pay a fine of up to $487.2 million over the 2018 and 2019 crashes—a deal that was also criticized by some victims' relatives who wanted a trial. However, at a meeting last Friday, federal prosecutors told families the company's posture changed after a judge rejected the plea agreement in December.

That's according toReuters, which cited unnamed sources. The news agency also shared remarks from families' attorneys:

Paul Cassell, a lawyer for the families, said in a statement the government was intent on dropping the prosecution, saying "they conveyed their preconceived idea that Boeing should be allowed to escape any real consequences for its deadly lies."

Another lawyer representing family members who attended the meeting, Erin Applebaum, said the DOJ's "scripted presentation made it clear that the outcome has already been decided."

Despite Cassell's conclusion, the lawyer wrote to the DOJ on Thursday to argue against the agreement. He wrote that "in this case any further concessions to Boeing would be utterly inappropriate. This case is the deadliest corporate crime in U.S. history, as found by" Judge Reed O'Connor in the U.S. District Court for the Northern District of Texas, who rejected the previous plea deal.

Also on Thursday, U.S. Sens. Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) urged Attorney General Pam Bondi not to sign an agreement that "would amount to a slap on the wrist, requiring Boeing to pay an additional fine and compensation to the victims' families, and hire an independent compliance consultant, in exchange for dismissal of the criminal fraud charge."

"DOJ must not sign a nonprosecution agreement with Boeing that would allow the company to weasel its way out of accountability for its failed corporate culture, and for any illegal behavior that has resulted in deadly consequences," argued Warren and Blumenthal, respectively the ranking members of the Senate Banking, Housing, and Urban Affairs Committee, and the Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, in their letter to Bondi.

"Instead, DOJ should ensure that both the company and the executives that ran it are held accountable for any wrongdoing by thoroughly investigating the potential culpability of Boeing executives and holding criminally accountable any individuals that contributed to or allowed the pursuit of profits over people in violation of federal laws or regulations," they added.

Ignoring those urgings, the DOJ on Friday announced an "agreement in principle" that—if it receives final approval—will cost Boeing more than $1.1 billion, including an additional $445 million for families of those killed on Ethiopian Airlines Flight 302 and Lion Air Flight 610. In exchange, the department would dismiss the fraud charge, and the company would not be subject to oversight by an independent monitor.

"Ultimately, in applying the facts, the law, and department policy, we are confident that this resolution is the most just outcome with practical benefits," a DOJ spokesperson said in a statement. "Nothing will diminish the victims' losses, but this resolution holds Boeing financially accountable, provides finality and compensation for the families, and makes an impact for the safety of future air travelers."

While Boeing hasn't commented, Cassell told Reuters that "this kind of nonprosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history. My families will object and hope to convince the court to reject it."

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