737 Max Victims' Families Challenge DOJ Deal, Seek Trial for Boeing in Appeals Court.
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737 Max victims' families asked the 5th U.S. Circuit Court of Appeals to revive a criminal case against Boeing, arguing the DOJ violated their rights by dismissing the charge.
Key Takeaways
- •31 families of 737 Max crash victims appealed to the 5th U.S. Circuit Court to revive a criminal conspiracy charge against Boeing.
- •The appeal challenges the U.S. Justice Department's (DOJ) decision to dismiss the case after a settlement deal of over $1.1 billion.
- •Families argue the DOJ violated their rights under the Crime Victims' Rights Act by not consulting them before striking the deal.
- •The case centers on allegations that Boeing misled FAA regulators about the 737 Max's Maneuvering Characteristics Augmentation System (MCAS).
Thirty-one crash victims' families have asked a federal appeals court to revive a criminal case against Boeing. The families lost relatives in the two fatal Boeing 737 Max jetliner crashes. They are appealing a lower court’s dismissal of a criminal conspiracy charge against the aircraft manufacturer.
Appeal to the Fifth Circuit
Arguments were heard by a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans. The families’ lawyer, Paul Cassell, urged the court to overturn the dismissal. The core charge alleges Boeing misled Federal Aviation Administration (FAA) regulators about a flight-control system. This system was tied to the crashes that killed 346 people in total.
The dismissal was granted at the request of the U.S. government. This followed a deal that allowed Boeing to avoid prosecution. In exchange, the company agreed to pay or invest an additional $1.1 billion. This money covers fines, compensation for crash victims' families, and internal safety measures.
Mr. Cassell argued that federal prosecutors violated the families’ rights. He claimed they were not properly consulted before the deal was struck. This failure, he argued, violated the Crime Victims' Rights Act. One family member, Paul Njoroge, stated that without a trial, there would be no “meaningful accountability.” Mr. Njoroge lost his wife, children, and mother-in-law in the second crash.
Federal prosecutors countered that the government has consistently solicited and weighed the views of the families. Boeing attorney Paul Clement stated that the company “deeply regrets” the tragic crashes. He also noted that over 60 families supported the deal, and dozens more did not oppose it. The company has taken “extraordinary steps” to improve its internal processes.
Case Background and Technical Details
The two 737 Max crashes occurred less than five months apart. The first was a Lion Air flight in October 2018 off Indonesia. The second was an Ethiopian Airlines flight in March 2019 shortly after takeoff. Both crashes were linked to the Maneuvering Characteristics Augmentation System (MCAS). This automated flight-control software was designed to help compensate for the plane’s larger engines.
Investigators found that Boeing did not inform key FAA personnel about changes to the software. This happened before regulators set pilot training requirements. In both deadly incidents, the MCAS software repeatedly forced the plane’s nose down. This was based on faulty readings from a single sensor. Pilots were unable to regain control.
U.S. District Judge Reed O’Connor, who oversaw the case, issued a written decision in November. He described the families’ arguments as compelling. However, he concluded that federal judges cannot block a charge dismissal. This is true even if they disagree with the government’s view of the public interest. The judge also found that prosecutors had met their obligations under the Crime Victims' Rights Act. The Justice Department argued that a jury trial risked an acquittal, sparing Boeing further punishment.
The criminal case has seen several twists since the Justice Department first filed charges in 2021. The appeals court panel is expected to issue its decision at a later date. This ruling will determine the future of the Boeing criminal conspiracy charge and its potential impact on corporate accountability.
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Written by Ujjwal Sukhwani
Aviation News Editor & Industry Analyst delivering clear coverage for a worldwide audience. Covers flight operations, safety regulations, and market trends with expert analysis.
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