A United States judge granted approval on Thursday for the Justice Department’s request to drop a criminal case against Boeing related to two fatal 737 MAX plane crashes that resulted in the deaths of 346 individuals, 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 assertion that dismissing the case serves the public interest. He mentioned that he lacked the authority to overturn the decision but highlighted that the agreement between the government and Boeing does not ensure the necessary accountability for the safety of air travelers.
Boeing responded with a statement affirming its commitment to fulfilling the terms of the agreement and continuing efforts to enhance safety, quality, and compliance measures. In a hearing held in September, Judge O’Connor scrutinized objections to the deal, particularly questioning the government’s elimination of a requirement for Boeing to be under the oversight of an independent monitor for three years, opting instead for the hiring of a compliance consultant. Relatives of crash victims from the Indonesia and Ethiopia incidents vehemently opposed the non-prosecution agreement during the hearing.
Prior to the hearing, Chris Moore, a resident of Toronto, criticized the non-prosecution agreement as an unreasonable plea bargain. Moore’s daughter Danielle was among the victims of the Ethiopian crash in January 2019. Notably, there were no Canadian casualties in the Indonesia crash of October 2018. Judge O’Connor criticized the government’s stance, emphasizing that Boeing’s actions warranted prosecution and an independent monitor, but the current agreement lacks the required accountability for public safety.
The government argued that Boeing has made improvements, and the Federal Aviation Administration is ensuring enhanced oversight. Both Boeing and the government contended that Judge O’Connor had no alternative but to dismiss the case. Under the non-prosecution agreement, 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 to bolster the company’s compliance, safety, and quality programs.
Boeing has settled the majority of wrongful death lawsuits following the Ethiopian crash, including with Canadian Paul Njoroge, whose family members perished in the tragedy. Settlement details remain confidential. A few lawsuits remain unresolved, with one trial commencing recently. In Chicago, a jury is assessing damages related to the death of passenger Shikha Garg, a United Nations consultant. The FAA proposed a $3.1 million fine for Boeing in September for safety violations, including issues linked to the Alaska Airlines 737 MAX 9 mid-air emergency in January 2024.