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ethiopian airlines flight 302
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.
May 23, 2025
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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Crash Victims' Families Ask Judge to Toss 'Morally Reprehensible' Boeing Deal
"This sweetheart deal deceptively presents a version of Boeing's crime that conceals the fact that Boeing's lies to the FAA directly and proximately killed 346 people," said one attorney representing families.
Aug 01, 2024
Lawyers for families of the hundreds of victims killed in a pair of Boeing 737 MAX 8 plane crashes filed motions this week urging U.S. Judge Reed O'Connor to reject a "morally reprehensible" plea agreement and instead force the company to go to trial.
The Texas-based judge is considering a proposed deal, finalized by the U.S. Department of Justice (DOJ) last week, in which Boeing would plead guilty to conspiracy to defraud the Federal Aviation Administration (FAA) about the safety of the aircraft involved in the Lion Air Flight 610 crash in Indonesia in 2018 and Ethiopian Airlines Flight 302 crash the next year.
Under the deal—which comes after the DOJ determined that Boeing breached its obligations under a 2021 deferred prosecution agreement (DPA) and federal prosecutors recommended criminal charges—the company would also pay a $243.6 million fine, invest $455 million in compliance and safety, and be subject to oversight by an independent monitor for three years.
"We urge Judge O'Connor to use his recognized authority to reject this inappropriate plea and set the matter for a public trial."
"This sweetheart deal deceptively presents a version of Boeing's crime that conceals the fact that Boeing's lies to the FAA directly and proximately killed 346 people," said Paul Cassell, an attorney for families and University of Utah law professor, in a Wednesday statement. "This plea deal is not in the public interest."
"It is deceptive and unfair," he added, "and we urge Judge O'Connor to use his recognized authority to reject this inappropriate plea and set the matter for a public trial, so that all the facts surrounding the case will be aired in a fair and open forum before a jury."
The filing from Cassell's team argues that the court should reject the "rotten deal" because:
- It destroys the court's ability to craft a fair and just sentence—and one that is perceived as fair and just by the public;
- The parties have "swallowed the gun" by hiding relevant facts about Boeing's culpability;
- It allows Boeing to escape accountability for directly and proximately causing 346 deaths;
- It surreptitiously exonerates Boeing's then-senior leadership;
- The $243 million fine is inadequate under the principles of sentencing;
- The compliance monitor provision is inadequate;
- The provision requiring Boeing to make new investments in compliance, quality, and safety programs is unenforceable and inadequate; and
- The restitution provision is misleading and unfairly allows Boeing to tie up restitution through extensive litigation and appeals.
"Whereas the DPA, was a 'sweetheart deal,' the plea bargain is a 'do-over,'" declared Chris Moore, a Canadian whose 24-year-old daughter Danielle was killed in the 2019 crash in Ethiopia. "The average citizen during criminal prosecutions doesn't get a 'do-over.' More to the point, my daughter didn't get a 'do-over,' which is why the DOJ should take justice seriously instead of bowing to the pressures of commerce."
Javier de Luis, who lost his sister Graziella in the same crash, said that "the ultimate aim of this agreement should be to ensure that the two 737 MAX crashes are never repeated. This agreement does nothing to achieve that objective."
Both de Luis and Catherine Berthet, whose daughter Camille also died in the 2019 crash, highlighted a January incident: A door plug flew off the Boeing 737 MAX 9 used for Alaska Airlines Flight 1282, causing minor injuries and forcing an emergency landing.
"Basically, this appalling door plug incident in January happened because, despite the constraints imposed by the DPA, nothing has changed at Boeing," Berthet said. "What will the plea deal change? Nothing."
"The only way to change Boeing is simply to apply justice," she added, arguing that Boeing, outgoing chief executive officer Dave Calhoun, and ex-CEO Dennis Muilenburg must be held "accountable for their actions and decisions by facing a jury at a trial."
"My daughter didn't get a 'do-over,' which is why the DOJ should take justice seriously instead of bowing to the pressures of commerce."
After announcing in March that Calhoun would voluntarily leave his post by the end of this year, Boeing revealed Wednesday that he will be replaced by Robert "Kelly" Ortberg of Rockwell Collins, who is set to start his new role on August 8.
"The arrival of a new CEO at Boeing could not have happened at a more crucial and necessary time for the safety of the traveling public around the world," said Robert A. Clifford, lead counsel for victims' families in pending civil litigation, in a Wednesday statement. "As a company, Boeing has been nosediving in self-destructive flight under the past leadership of Muilenburg, Calhoun, and the do-nothing board of directors."
"This move may give the company the ability to pull out of its impending total and fatal crash, unlike what occurred to the 346 innocent victims of the two Boeing 737 MAX 8 preventable disasters," he continued. "While this man is an industry insider, he does come from outside of Boeing and on the face of it has a well-regarded reputation in the industry. Maybe he can bring the company back to the stature it once held before it criminally and preventively killed 346 people."
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Federal Prosecutors Recommend Criminal Charges for Boeing
"Apparently, you have to kill hundreds of people before they even start to think about consequences," said one observer.
Jun 24, 2024
Federal prosecutors have recommended that the U.S. Department of Justice criminally charge Boeing for violating a 2021 settlement over two fatal crashes of the aerospace giant's troubled 737 MAX jetliners.
As Reutersreported Monday:
In May, officials determined the company breached a 2021 agreement that had shielded Boeing from a criminal charge of conspiracy to commit fraud arising from two fatal crashes in 2018 and 2019 involving the 737 MAX jet. Under the 2021 deal, the Justice Department agreed not to prosecute Boeing over allegations it defrauded the Federal Aviation Administration so long as the company overhauled its compliance practices and submitted regular reports. Boeing also agreed to pay $2.5 billion to settle the investigation.
The Department of Justice (DOJ) said Boeing violated the settlement by "failing to design, implement, and enforce a compliance and ethics program to prevent and detect violations of the U.S. fraud laws throughout its operations."
Boeing declined to comment on the Reuters report. Referring to the settlement, the company said last month that "we believe that we have honored the terms of that agreement."
The DOJ has until July 7 to decide whether to prosecute Boeing officials.
News of the prosecutors' recommendation came days after The New York Timesreported that the DOJ is considering letting Boeing avoid prosecution for violating the terms of the 2021 settlement. According to the Times, the department is weighing a negotiated resolution under which the company takes a plea deal or deferred prosecution agreement (DPA)—which would impose monitoring and compliance terms—in lieu of a trial fraught with uncertainties.
Boeing entered into a DPA after 737 MAX jets crashed, killing hundreds of people. On October 29, 2018, Lion Air Flight JT610, a nearly new 737 MAX 8, crashed into the Java Sea shortly after taking off from Jakarta, Indonesia, killing all 189 passengers and crew on board. Indonesian investigators subsequently concluded that a faulty sensor caused the plane's Maneuvering Characteristics Augmentation System (MCAS) to continually tilt the aircraft downward.
On March 10, 2019, Ethiopian Airlines Flight 302, also a MAX 8, crashed into a field six minutes after taking off from Addis Ababa, Ethiopia en route to Nairobi, Kenya. All 157 people aboard were killed. Boeing acknowledged that a MCAS-related software error caused the crash and vowed to "prevent erroneous data from causing MCAS activation."
As Boeing whistleblowers—who claim they've been retaliated against—and outside aviation safety experts revealed what consumer safety advocate Ralph Nader described as "serial criminal negligence" in the company's handling of the crisis, public pressure urging the government to ground all 737 MAX planes increased. Then-Republican U.S. President Donald Trump finally did so on March 13, 2019 amid a worldwide wave of groundings that lasted until December 2020 in the United States and longer in some countries.
Yet problems persisted. Earlier this year, a door plug flew off a 737 MAX 9 during an Alaska Airlines flight, injuring passengers and forcing an emergency landing. The incident also prompted a temporary MAX 9 grounding and a DOJ criminal probe. The FAA found "multiple instances" in which Boeing and Spirit AeroSystems—a parts supplier—"allegedly failed to comply with manufacturing quality control requirements." The agency also noted "noncompliance issues in Boeing's manufacturing process control, parts handling and storage, and product control."
Last week, relatives of the 737 MAX 8 crash victims urged federal prosecutors to file criminal charges against Boeing and fine the company $25 billion.
U.S. Sen. Richard Blumenthal (D-Conn.)—a former federal prosecutor and state attorney general—said last week at a hearing on Boeing's broken safety culture that "the evidence is near-overwhelming to justify" DOJ prosecution.
"Boeing needs to stop thinking about the next earnings call and start thinking about the next generation," Blumenthal said, echoing allegations that the company prioritizes profit over safety.
Boeing CEO Dave Calhoun said at the hearing that he is "proud of every action" his company has taken in response to the 737 MAX safety crisis. Calhoun announced in March that he would step down as CEO at the end of the year—a move critics called insufficient if there is no criminal accountability.
Monday's reporting followed news that two NASA astronauts who left Earth aboard Boeing's
Starliner are stranded on the International Space Station after engineers found numerous problems with the reusable capsule. Astronauts Butch Wilmore and Suni Williams were scheduled to return to Earth on June 13 after a week aboard the ISS. This is the third time their return home has been delayed. The Starliner is docked to the ISS' Harmony module and has just 45 days of docking time left before the window for a safe return closes.
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