The deal enables Boeing to avoid being branded a convicted felon and to escape oversight from an independent monitor for three years that was part of a plea deal struck in 2024 to a criminal fraud charge that it misled US regulators about a crucial flight control system on the 737 Max, its best-selling jet.
Boeing argued the executive branch solely has the power to decide whether to bring or maintain a prosecution.
“Because it is entirely within the government’s discretion whether to pursue a criminal prosecution, an agreement not-to-prosecute does not require court approval,” Boeing said, asking a judge to reject objections filed by the families and grant the government’s motion to dismiss the charge.
“Disputing the government’s considered assessment of litigation risk, the calculation of the maximum fine, or the appropriate mechanism for compliance oversight, do not demonstrate – even remotely – that the government was clearly motivated by considerations contrary to the public interest.”
The Justice Department said in a court filing it acted in good faith and in accordance with the law, agreeing to dismiss the case for an agreement “that secures a significant fine, compliance improvements, and a substantial victim compensation fund”.
The families cited Judge Reed O’Connor’s statement in 2023 that “Boeing’s crime may properly be considered the deadliest corporate crime in US history”.
They argue dismissal is not in the public interest and obligations imposed on Boeing are not enforceable.
If the government declined to move forward with the prosecution even if the court rejected the deal, O’Connor should appoint a special prosecutor, the families said.
Under the deal, Boeing agreed to pay an additional US$444.5 million into a crash victims fund to be divided evenly per crash victim, on top of a new US$243.6 million fine.
Boeing agreed last July to plead guilty to a criminal fraud conspiracy charge after the two fatal 737 Max crashes in Indonesia and Ethiopia.
Under the non-prosecution agreement, Boeing will pay US$1.1 billion in total, including the fine, compensation to families and more than US$455 million to strengthen the company’s compliance, safety and quality programs.
The vast majority of the families have settled civil suits with Boeing and collectively have been “paid several billion dollars”, the Justice Department said. (AFP)
