Accountability and Justice: Analyzing Boeing’s Plea Deal in the 737 Max Tragedy

The crashes of Lion Air Flight 610 in October 2018 and Ethiopian Airlines Flight 302 in March 2019, which resulted in the loss of 346 lives, have placed the company Boeing under intense scrutiny. Boeing is an American multinational corporation that manufactures and sells airplanes, rotorcraft, rockets, satellites, and telecommunications equipment. After a lengthy investigation, officials found that design failures on the Boeing plane were among the main causes of the fatal crashes. The case was initiated in January 2021, when a piece of criminal information was filed simultaneously with a DPA, alleging that Boeing conspired to defraud the AEG in collection with the AEG’s evaluation of the Boeing 737 MAX aircraft. 

The crashes were associated with a defective flight control system, known as MCAS, which repeatedly forced the aircraft’s nose to descend, resulting in the loss of control by the pilots. Specifically, the company is accused of minimizing the necessity for flight simulator training for pilots, which would have imposed a more significant financial burden on airlines [1]. Consequently, the 737 MAX was grounded globally for nearly two years, during which Boeing implemented software and training modifications.

A federal judge on Friday scrutinized the U.S. Justice Department officials regarding the rationale behind Boeing’s plea deal to plead guilty to fraud following the two deadly 737 MAX crashes. However, the judge refrained from making a definitive ruling on accepting the plea deal at this time. Under the plea agreement, Boeing would be obligated to remit $243.6 million in criminal files, allocate $455 million towards safety enhancements, and have a three-year probation period [2]. 

Attorneys representing Boeing and federal prosecutors presented their arguments to U.S. District Judge Reed O'Connor in Fort Worth, Texas, advocating for the acceptance of the plea agreement. Conversely, legal advocates for the relatives of the crash victims urged the judge to reject the proposal. In July, the U.S.planemaker consented to plead guilty to conspiracy charges related to defrauding regulatory authorities [3].  

The Justice Department, represented by Lawyer Sean Tonolli, has publicly defended the plea deal as the most favorable outcome the government could achieve without proceeding to trial. Tonolli emphasized that the penalties were based on the strongest provable case against Boeing [4]. 

In court on Friday, Paul Casser, an attorney representing the families of 346 victims of the plane crashes expressed "There are eight reasons to reject this rotten plea deal” [5]. Among his assertions was the claim that the agreement permits a financially robust corporation to effectively dictate its sanctions prior to sentencing. He argued the deal inadequately addresses accountability for Boeing or its executives concerning the fatalities of the families’s deceased relatives. Cassell went on to proclaim that the plea deal does not mention the 346 deaths in the two crashes, and Boeing failed to disclose all pertinent facts related to what he described as the deadliest corporate crime in U.S. history [6].  The families of the deceased all come to a consensus- they want those responsible to be held accountable.

In the year 2000, the Concorde supersonic airliner faced a similar case in which Air France Flight 4590 crashed shortly after takeoff. Investigations revealed that the crash was attributed to a piece of metal on the runway puncturing a tire and causing fuel tank rupture, highlighting extreme vulnerabilities in the aircraft’s design and maintenance procedures. Following the Concorde crash, Air France and their manufacturer were pursued, leading to a loss of public confidence in the aircraft’s safety and ultimately contributing to the Concorde’s retirement. Boeing’s reputation is facing similar backlash and many are wondering if the two will share the same fate. 

The company seeks to resolve the issue while circumventing a criminal trial, thereby concentrating on rehabilitating its reputation. 

Sources:

1. Boeing Max Crash Relatives Demand Judge Throws Out Plea Agreement, (Oct.11, 2024, 9:15 AM), https://www.newsweek.com/boeing-737-max-crash-families-oppose-plea-deal-indonesia-ethiopia-1967521
2. Id. 
3. Madlin Mekelburg, Boeing Deal Is Now in Texas Judge’s Hands After Hearing (1), (Oct. 11, 2024, 3:08 PM), https://www.bloomberglaw.com/bloomberglawnews/white-collar-and-criminal-law/X59S4ABK000000?bna_news_filter=white-collar-and-criminal-law#jcite 
4. Mike Spector, Sheila Dang, US judge scrutinizes Boeing plea deal in fatal crashes, (Oct. 11, 2024, 2:48 PM), https://www.reuters.com/legal/us-judge-hear-objections-boeing-plea-deal-fatal-crashes-2024-10-11/ 
5. Id. 
6.  Federal Judge Hears Arguments Against Boeing’s DOJ Plea Deal in Texas, (Oct. 11, 2024), https://www.cliffordlaw.com/federal-judge-hears-arguments-against-boeings-doj-plea-deal-in-texas/#:~:text=Cassell asked the court to,be appointed by the court.