The US Department of Justice has declared that Boeing may face prosecution for two fatal 737 Max crashes that resulted in the deaths of 346 individuals approximately five years ago.
As detailed in a letter from department officials to a federal court in Texas, Boeing allegedly violated an agreement that initially protected it from legal actions related to the accidents.
According to US justice officials, Boeing failed to adhere to the requirements of a deferred prosecution agreement (DFA). The company did not implement, design or enforce sufficient ethics programs and due compliance to prevent and detect violations of US fraud laws within its operations.
Boeing has responded to the allegations by asserting their compliance with the agreement and expressing intentions to defend itself against these claims.
The Justice Department is considering its next steps and has asked Boeing to respond by June 13. They also plan to consult with the families of the victims of the Lion Air Flight 610 and Ethiopian Airlines Flight 302 crashes.
Attorney Paul Cassell, representing families of the crash victims, described the move as a significant initial step. Cassell emphasized the need for further action from the Department of Justice and stated he would pursue a satisfactory remedy for Boeing’s misconduct.
The incidents in question include the March 2019 crash of a Boeing 737 MAX 8 operated by Ethiopian Airlines shortly after takeoff from Addis Ababa, which resulted in 157 deaths. This was the second such accident within five months; the first involved a Lion Air MAX 8 that crashed into Indonesia’s Java Sea in October 2018, killing 189 people.
Investigations into both crashes highlighted issues with the aircraft’s automated flight system, leading to a temporary worldwide grounding of the 737 MAX model.
In the wake of these events and subsequent scrutiny, Boeing has pledged to cooperate fully with the Department, maintaining transparency as it has since the agreement began. This commitment also includes responding to inquiries following an incident involving an Alaska Airlines plane in January. A fuselage panel dramatically blew out mid-flight, causing top officials to leave the company and reducing the production of the 737 MAX.
As Boeing faces numerous inquiries and audits globally, it continually assures its critics of its cooperation with FAA oversight. Despite this, the 2021 federal court ruling upheld a controversial criminal settlement, requiring Boeing to pay $2.5 billion in fines and restitution for immunity from criminal prosecution, a decision that the families of the crash victims have vehemently opposed. They argue that Boeing’s actions constitute one of the “deadliest corporate crimes” in US history and call for criminal convictions of the company and its top executives.
