Boeing avoids criminal trial by settling air accident cases involving 737 Max.

The US government and  Boeing  have reached an agreement to terminate criminal proceedings against the aircraft manufacturer, which were related to two fatal  accidents  involving its  737 Max  airplanes in 2018 and 2019. This news has incited anger among the families of the victims.

This agreement represents a significant development for the Arlington-based group, as it seeks the approval of a Federal Judge in Texas. It will enable Boeing to avoid a trial that was set to begin on June 23. A conviction could have jeopardized Boeing’s ability to secure contracts with the federal government, a crucial client for its aerospace and  defense  operations.

Under this transaction, Boeing will acknowledge it attempted to  “obstruct and hinder”  the work of the American civil aviation regulator (FAA), according to a document filed on May 23.

The company will also have to pay $1.1 billion (€970 million), which includes $444.5 million allocated to a compensation fund for victims’ families. This amount had already been approved under a previous agreement made in 2021. The remainder consists of a $244 million fine and an additional $455 million aimed at enhancing the internal security programs of the Seattle-based company.

“A Farce”

The procedure pertains to two tragic accidents involving the  737 Max 8 : one operated by Lion Air in October 2018 and the other by Ethiopian Airlines in March 2019, resulting in 346 fatalities. The US government criticized Boeing for failing to communicate vital technical information regarding the  MCAS  anti-stall software to the FAA. The malfunctions in the MCAS, coupled with inadequate pilot training regarding this software, led to the disasters.

During previous meetings, government officials informed the families of the victims about their intentions. Following these discussions, relatives and lawyers representing over 110 victims indicated either support for, or a lack of opposition to, this resolution aimed at avoiding a trial. However, many families expressed their discontent from the outset.

“I am completely shocked by the decision of the Justice Department not to pursue Boeing, despite the evidence we presented exposing the egregiousness and dishonesty of this company,” stated Catherine Berthet, who lost her daughter Camille in the Ethiopian Airlines accident.

Loved ones “deserve justice, not this farce,” commented Connecticut Democratic Senator Richard Blumenthal.

Civil Litigation

In early 2024, following an incident involving a  737 Max 9  in January, authorities condemned the 2021 agreement. The government and Boeing then attempted to negotiate a new document, which was ultimately rejected by federal judge Reed O’Connor in December 2024, due to technicalities rather than substantive issues. In an unexpected move, the judge set a trial date for the end of June 2025, prompting the parties to reach a closer agreement, as noted in the recent document.

“This unprecedented kind of agreement is a serious mistake,” remarked Paul Cassell, attorney for several families affected by the crashes. He labeled Boeing’s breaches as “the deadliest corporate crime in US history.” Cassell indicated that the families he represents are planning to oppose this resolution and intend to persuade the court to reject it.

In addition to the criminal aspects, Boeing continues to face civil litigation initiated by relatives of those who perished in the accidents. Currently, at least two civil trials are scheduled for 2025, taking place in July and November.

US Attorney General Pam Bondi is perceived as “afraid to go to trial,” criticized Nadia Milleron, who lost her daughter in the Ethiopian Airlines crash. “The next accident will be their fault.”