As expected, the Department of Justice has decided not to proceed with criminal charges of fraud against Boeing over the certification process for the 737 MAX. On Friday the DOJ confirmed earlier reports that it will recommend to the judge in the case that the court allow a non-prosecution agreement. The DOJ told the families of its intentions a week ago and gave families of the 346 victims of two crashes related to the case to give their comments on the proceedings. The DOJ said the families of 110 victims either endorsed the deal or did not oppose it.
“Ultimately, in applying the facts, the law and department policy, we are confident that this resolution is the most just outcome with practical benefits,” the Justice Department 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.” Boeing will have to pay $445 million into a victims’ fund and pay the balance of a $487 million fine. It will also invest $455 million in internal programs to improve safety and quality related programs. The charges resulted from MAX crashes in Ethiopia and Indonesia that were related to the Maneuvering Characteristics Augmentation System that Boeing installed on MAXes to make them fly like earlier versions of the 737. The charges alleged Boeing misrepresented the impact of the system on the control system to the FAA during certification.
Not all families endorsed or were passive about the DOJ decision. The lawyer for one group of families that is livid about the deal submitted a Hail Mary argument asking the court to put it aside. “This kind of non-prosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history,” said Paul Cassell, a law professor who represented them for free. “My families will object and hope to convince the court to reject it.” It’s not clear when a final decision is expected. The case was set for trial on June 23 in Texas.
Between the devil and the deep blue sea. Say no and hope prosecution will prevail or accept what’s offered. Not a decision I’d like forced upon me.
Hmm. Nothing says justice like a cold, politically polished deal.
So more than 2/3 of families of victims opposed it. Not surprising. But there’s no really ‘good’ outcome for these poor families.
I think we’re all on the same page.