The Department of Justice has filed a motion for the court to accept a non-prosecution agreement in the case against Boeing for the deaths of 346 people in two crashes involving Boeing 737 Max 8 jets.
The 60-page motion from the DOJ was signed Thursday by Boeing executives Kelly Ortberg, president and CEO, and Brett Gerry, chief legal officer and executive vice president of global compliance.
The History
The Boeing 737 Max crashes happened approximately five months apart. Both aircraft went down shortly after takeoff. The first was Lion Air Flight 610 on October 29, 2018. The second involved Ethiopian Airlines Flight 302 on March 10, 2019. The investigation into the accidents led to the grounding of the 737 Max until December 2020.
During a review of Boeing’s manufacturing protocols and training of pilots, investigators discovered that a new maneuvering characteristics augmentation system (MCAS) had been identified as something that could malfunction and cause the aircraft to enter a series of uncommanded automated nosedives. Information on the MCAS had been removed from the aircraft manuals, and the pilots who were being trained in the Max were not aware of the potential for the uncommanded descent, and therefore had allegedly not been trained how to address it.
The FAA was also placed under inquiry for the amount of scrutiny it was giving to Boeing manufacturing operations.
The families of the victims of the crashes sought criminal prosecution of Boeing.
According to an email from Seattle attorney Mark Lindquist, who represents dozens of the families of the victims in the crashes, the DOJ “defended the decision as bringing an end to several years of litigation that could have gone on for several more years…Family members have the option to litigate against this plea deal.”
FLYING obtained a copy of the letter to the victim’s families. The 87-page document states: “[Thursday] the government filed a motion to dismiss the case, and included with the motion, among other documents, the non-prosecution agreement with the Boeing Company. Copies of the motion and the agreement are enclosed with this letter. The government supports the right of victims like yourself to be heard by the court on the motion, whether you support or oppose it.”
Lindquist added: “Evidence in this case was overwhelming. Boeing basically confessed. This plea agreement is therefore based on something other than the strength of the case.”
Lindquist added that he believes the judge will accept the deal over the objections of family members.
“Like many others, I wanted to see a more vigorous prosecution,” he said. “That’s not going to happen. At this point, I can only hope the criminal case and the lawsuits motivated Boeing to improve safety. That’s what really matters. We all want to walk onto a Boeing plane and feel safe.”
FLYING reached out to Boeing and received a statement in reply:
“Boeing is committed to complying with its obligations under the resolution reached [Thursday], which include a substantial additional fine and commitments to further institutional improvements and investments. The resolution also provides for substantial additional compensation for the families of those lost in the Lion Air Flight 610 and Ethiopian Airlines Flight 302 accidents. We are deeply sorry for their losses and remain committed to honoring their loved ones’ memories by pressing forward with the broad and deep changes to our company that we have made to strengthen our safety system and culture.”
Lindquist is also representing 35 passengers in the January 2024 Boeing Max 9 doorplug blowout at 16,000 feet over Portland, Oregon. Although no one was killed in the doorplug event, there were injuries and Boeing’s reputation took a hit. There were several resignations and a restructuring of Boeing leadership, and the FAA put the aerospace giant’s safety protocols under a microscope.
