The negotiations between Boeing Co. and the U.S. Department of Justice (DOJ) seek to establish a revised plea agreement concerning criminal charges linked to two tragic crashes of the 737 Max aircraft. A prior plan was recently obstructed by U.S. District Judge Reed O’Connor due to its inclusion of race in the selection criteria for a compliance monitor, as part of the Justice Department’s diversity and inclusion protocol.
The DOJ’s fraud section and Boeing are actively engaged in discussions to integrate necessary changes into the plea proposal that address the concerns highlighted by Judge O’Connor. The original plea agreement was shelved as it was perceived to potentially undermine the judiciary’s role in ensuring Boeing’s adherence to compliance measures.
A separate letter to the families of the crash victims underscored the ongoing efforts: “The parties have not reached agreement and do not expect to before January 4th, but are continuing to work in good faith toward that end.” The department, however, did acknowledge that a revised deal is not guaranteed.
Efforts have been made by family members of the 346 individuals who perished in the two accidents involving Lion Air Flight 610 and Ethiopian Airlines Flight 302. These families have long called for stricter penalties against Boeing or even considered the possibility of trial proceedings. These crashes were traced back to a flawed flight control system, and the families hope for accountability in lieu of any settled agreement.
In a prior arrangement secured in 2021, Boeing had agreed on the deferral of prosecution on charges of deceit directed towards regulators. However, perceived non-compliance by Boeing has prompted the government, as of May, to advise pursuing criminal charges, leading to the initial plea deal formulated in July.
The Justice Department has requested the court to allow an update on the talks’ progress by mid-February as the parties may need additional time, given expected changes in federal administration leadership. The case, documented as US v. Boeing, 21-cr-005, continues in the U.S. District Court for the Northern District of Texas, Fort Worth.