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A U.S. judge on Thursday approved the Justice Department's request to dismiss the criminal case against Boeing related to the two fatal 737 MAX crashes that killed 346 people, including 18 Canadians.
However, Judge Reed O'Connor of the U.S. District Court in Fort Worth, Texas, said he disagreed with the Justice Department's view that dismissing the case was in the public interest, but said he did not have the authority to reject the decision. He added that the government's deal with Boeing “does not provide the necessary accountability to ensure passenger safety.”
Boeing said in a statement that it will comply with its obligations under the agreement.
“We are also committed to continuing the significant efforts we have made as a company to strengthen our safety, quality and compliance programs,” the company added.
In September, O'Connor held a three-hour hearing to consider objections to the deal, questioning the government's decision to end a requirement that Boeing be subject to oversight by an independent monitor for three years and instead hire a compliance consultant.
He heard anguished objections from relatives of some of those killed in plane crashes in Indonesia in 2018 and Ethiopia in 2019 to the non-prosecution agreement.
On the eve of that hearing, Toronto native Chris Moore in a statement described the non-prosecution as a “ridiculous plea bargain.” Moore's adult daughter Danielle was among 18 Canadian citizens and 149 passengers killed when a Nairobi-bound Max 8 crashed shortly after takeoff from the Ethiopian capital Addis Ababa in January 2019.
Moore said the deal protected “the rich and powerful at the expense of life, liberty and the pursuit of happiness.”
No Canadians were among the 181 passengers killed when a domestic flight crashed inside Indonesia in October 2018. A total of sixteen crew members also died in disasters in Indonesia and Ethiopia.
The judge criticized the deal
O'Connor on Thursday said the government's position is: “Boeing committed crimes sufficient to warrant prosecution, failed to correct its fraudulent behavior on its own during the (deferred prosecution agreement) that justified the guilty plea and the imposition of an independent monitor, but Boeing will now correct this dangerous culture by hiring a consultant of its own choosing.”
O'Connor said the families were right to argue that “this agreement does not provide the necessary accountability to ensure the safety of passengers.”
The government says Boeing has improved the situation and the Federal Aviation Administration is providing increased oversight.
The National looks at Boeing's complicated safety history, what's changed five years after the Max-8 crash and the aftermath of the Alaska Airlines mid-air explosion earlier this year.
Boeing and the government argued that O'Connor had no choice but to drop the case.
In 2023, O'Connor said Boeing's “crime can rightfully be considered the deadliest corporate crime in U.S. history,” and at one point last year it appeared the company could face charges.
Under the non-prosecution agreement, Boeing agreed to pay an additional $444.5 million to the crash fund, to be divided equally among each person injured in the two fatal 737 MAX crashes, in addition to a new fine of $243.6 million and more than $455 million to strengthen the company's compliance, safety and quality programs.
Boeing has negotiated out-of-court settlements for most of the dozens of wrongful death lawsuits filed after the Ethiopian plane crash, including with Canadian Paul Njoroge. A Toronto man lost his wife, three children and mother-in-law in the crash.
The details of the calculations were confidential and were not disclosed.
Lawyers say fewer than a dozen lawsuits remain unresolved, although one trial began this week.
An eight-person jury in Chicago is set to weigh damages in the death of passenger Shikha Garg, a UN consultant. If a preliminary agreement is not reached, the commission will decide on compensation on issues such as funeral expenses, loss of income and grief suffered by immediate family members.
In September, the FAA proposed fining Boeing $3.1 million for a series of safety violations, including actions related to Alaska Airlines' 737 MAX 9 plane. air emergency in January 2024and for interfering with the independence of security officials.
