In a significant development, Boeing has been ordered by a US judge to face a felony charge in court over the crashes of two 737-MAX jets that claimed 346 lives back in 2018 and 2019.
This ruling could potentially undo an agreement that the aviation giant had negotiated to avoid prosecution. Previously, Boeing had secured immunity from criminal prosecution as part of a $2.5 billion deferred prosecution deal with the Justice Department.
The ruling by a federal judge in Texas came after families of some of the victims argued that the government had violated their rights by reaching a settlement with Boeing without first notifying them. US District Court Judge Reed O'Connor ordered Boeing to send a representative to his courtroom in Fort Worth on January 26th to hear the felony charge. This hearing will also provide an opportunity for the family members to speak.
It is not yet clear what specific criminal charges the aircraft maker may face.
The agreement with the Department of Justice, which was reached in 2021, was to resolve a criminal charge related to a conspiracy to defraud the Federal Aviation Administration’s Aircraft Evaluation Group (FAA AEG) in connection with the FAA AEG’s evaluation of the 737 MAX airplane. The company was charged with one count of conspiracy to defraud the United States, and under the terms of the agreement, was required to pay a total criminal monetary amount of over $2.5 billion, which included a criminal monetary penalty of $243.6 million, compensation payments to 737 MAX airline customers of $1.77 billion, and the establishment of a $500 million crash-victim beneficiaries fund to compensate the heirs, relatives, and legal beneficiaries of the 346 passengers who died in the crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302.
As admitted by Boeing in court documents, the company, through two of its 737 MAX Flight Technical Pilots, deceived the FAA AEG about a crucial aircraft component known as the Maneuvering Characteristics Augmentation System (MCAS), which impacted the flight control system of the 737 MAX. This deception led to a key document published by the FAA AEG lacking information about MCAS, and in turn, airplane manuals and pilot-training materials for U.S.-based airlines also lacked information about MCAS.
The tragic crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302 in 2018 and 2019 respectively, led to the deaths of all passengers and crew on board. Following the crashes, the FAA AEG discovered that the MCAS had activated during the Lion Air crash, which ultimately led to the grounding of the 737 MAX worldwide.
This new development, with Boeing being ordered to face a felony charge, will be closely watched by the aviation industry and victims' families as it has the potential to lead to further legal action and accountability for the tragic incidents.
