A judge in the United States has given approval for the dismissal of a criminal case against Boeing related to two deadly crashes involving the 737 MAX aircraft, which resulted in the loss of 346 lives, including 18 Canadians. Despite this decision, Judge Reed O’Connor from the U.S. District Court in Fort Worth, Texas, expressed disagreement with the Justice Department’s stance that dropping the case serves the public interest. However, he noted that he lacked the authority to overturn the ruling. The judge criticized the government’s agreement with Boeing, stating it does not ensure sufficient accountability for the safety of air travelers.
Boeing responded by affirming its commitment to fulfilling the terms of the agreement and enhancing its safety, quality, and compliance initiatives. The company’s statement emphasized its dedication to ongoing efforts to strengthen internal programs.
During a hearing held in September, objections were raised regarding the deal, particularly the government’s decision to eliminate the requirement for Boeing to undergo oversight by an independent monitor for three years, opting instead for a compliance consultant. Relatives of crash victims from the incidents in Indonesia and Ethiopia expressed dismay over the non-prosecution agreement.
Toronto native Chris Moore criticized the agreement as a “ludicrous plea bargain” ahead of the hearing. Moore, whose daughter Danielle was among the Canadian passengers who perished in the Ethiopian crash, condemned the deal for prioritizing the interests of the wealthy over justice and safety.
Judge O’Connor rebuked the government for its handling of the case, highlighting Boeing’s failure to address fraudulent practices adequately and the lack of stringent measures in the agreement to ensure public safety. The government defended Boeing’s purported enhancements and underscored increased oversight by the Federal Aviation Administration.
Under the terms of the non-prosecution deal, Boeing agreed to contribute $444.5 million to a fund for crash victims, in addition to a $243.6 million fine and over $455 million allocated for bolstering the company’s compliance and safety programs. The company has reached settlements in numerous wrongful death lawsuits stemming from the crashes, including with Canadian Paul Njoroge, who lost multiple family members in the tragedy. Details of these settlements remain confidential.
While the majority of lawsuits have been resolved through settlements, a few remain pending, with one trial currently underway. A jury in Chicago will assess damages related to the death of passenger Shikha Garg, a United Nations consultant, unless a settlement is reached beforehand. In a separate development, the FAA proposed a $3.1 million fine against Boeing for various safety violations, including incidents related to the Alaska Airlines 737 MAX 9 mid-air emergency in January 2024.
