The United States Department of Justice has formally filed a motion to dismiss fraud charges against Boeing and asked a judge to dismiss an upcoming trial related to two plane crashes that killed 346 people off the coast of Indonesia and in Ethiopia.
The agreement announced last week will allow the U.S. planemaker to avoid criminal prosecution for allegedly misleading U.S. regulators about the 737 Max jet before its crashes less than five months apart in 2018 and 2019.
Court documents say the “agreement in principle” obliges the company to pay and invest more than $1.1bn (£814.7m), including an additional $445m (£329m) for the families of disaster victims, in exchange for dropping the criminal case.
Experts say dismissing the fraud charges will allow the manufacturer to avoid potential criminal prosecution that could threaten its status as a federal contractor.
U.S. District Judge Reed O'Connor, based in Fort Worth, Texas, will decide whether to grant the motion to dismiss and accept the terms of the agreement, which includes a non-prosecution and dismissal of the trial.
On Thursday, Judge O'Connor ordered all lawyers to submit to him a schedule of briefings on the government's motion by June 4.
Some relatives of those killed in the crashes are pushing for a public trial, accountability for former company officials and harsher financial penalties for Boeing.
The Justice Department noted that victims' families were divided over the proposed settlement.
Nadia Milleron, a Massachusetts woman whose 24-year-old daughter, Samya Stumo, died in a crash in Ethiopia, lamented in an email Thursday the Justice Department's “false” claim that the agreement would provide meaningful accountability, provide public benefit and bring closure to a complex case whose outcome was otherwise uncertain.
“This is not a complicated or complicated case because Boeing has already admitted its guilt,” Ms. Milleron said.
“As a result of the non-prosecution agreement (NPA), there will be no liability.”
Boeing said in a statement that it plans to fulfill its obligations under the agreement, including commitments to further system improvements and investments, as well as additional compensation to the families of victims of the two crashes.
“We deeply regret their loss and remain committed to honoring their loved ones by making significant and profound changes to our company to strengthen our safety record and culture,” a Boeing spokesman said in a statement.
Attorney Mark Lindquist, who represents dozens of victims' families, said in a statement Thursday that while he would like to see a more robust prosecution, he does not expect it to happen.
“At this point, I can only hope that the criminal case and the lawsuits will prompt Boeing to improve its safety record,” Mr. Lindquist said.
“That's what really matters. We all want to get on a Boeing plane and feel safe.”
Boeing has been accused of misleading the Federal Aviation Administration (FAA) about some aspects of the Max jet before the agency certified it to fly.
The company failed to tell airlines and pilots about a new program that could lower the nose of a plane without pilot input if a sensor detected the plane was about to enter an aerodynamic stall.
The Max planes crashed after faulty sensor readings caused the nose to pitch down and pilots were unable to regain control.
After the second crash, Max planes were grounded until the company made software changes.
In 2021, the Justice Department accused Boeing of deceiving FAA regulators about software and the amount of training needed for pilots to safely fly the plane.
However, at the time, the department agreed not to prosecute Boeing if the company paid compensation.
Sourse: breakingnews.ie
