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Sources: Boeing closes a deal to avoid a guilty plea and prosecution in the 737 MAX crash case

People familiar with the situation said that Boeing and the U.S. Department of Justice have reached a tentative agreement to not prosecute in a fraud matter stemming from the two fatal crashes of the 737 MAX aircraft, which killed 346 people.

The agreement will prevent a trial scheduled for June 23 against the planemaker over a charge that it misled U.S. regulatory authorities about a critical flight control system in the 737 MAX jet, the company's best-selling model.

Boeing would be spared being labeled a felon, and the families of those who have lost loved ones in crashes will suffer a setback. They had been pressing prosecutors to bring the U.S. aircraft manufacturer to trial.

Boeing could also have been harmed by a felony conviction, as it would have made it difficult to obtain lucrative government contracts from the U.S. Defense Department or NASA. However, the company could have requested waivers.

Boeing declined to comment immediately, while the DOJ also declined to comment.

Boeing agreed in July to plead guilty in a criminal fraud charge following the two fatal 737 MAX crash in Indonesia and Ethiopia spanning between 2018 and 2019. The company also agreed to pay a maximum fine of $487.2 Million.

Sources said that prosecutors informed family members of crash victim victims on Friday, but Boeing no longer agrees to plead guilty. prosecutors informed the family that Boeing's position changed after a December judge rejected an earlier plea agreement.

A DOJ official stated that officials were still debating whether they should proceed with a nonprosecution or bring Boeing to court. The official informed family members that no final decision had been made and that Boeing and DOJ officials hadn't yet exchanged documents to negotiate the final details of a nonprosecution deal.

A prosecutor told the meeting that Boeing is still resolute to go to trial after a judge rejected the plea agreement and the DOJ concluded that there are "meaningful downside risks" in proceeding.

The decision of U.S. district judge Reed O'Connor to reject Boeing's prior plea agreement extended the case until the new Trump administration which has overhauled Justice Department. Boeing accepted the first plea agreement during the last months of the Biden Administration.

Paul Cassell said that the families' lawyer, Paul Cassell, stated in a press release that the government intended to drop the charges, stating "they expressed their preconceived notion that Boeing should escape any real consequence for its deadly lies."

Erin Applebaum said that "the scripted presentation by the DOJ made it clear to the family members attending the meeting that the outcome had already been determined."

Lawyers for the families reported that, in addition to $500 million Boeing had paid by 2021, the Justice Department has asked Boeing to pay $444.5 millions into a fund for crash victims. The money would be distributed evenly among each crash victim.

Nadia Milleron lost her daughter to one of Boeing's plane crashes in 2019. She questioned the DOJ and Attorney General Pam Bondi on how they could justify a deal for a repeat offender.

In December, Texas Judge O'Connor rejected Boeing's plea deal in the case. He cited a clause in the agreement that dealt with the selection of an impartial monitor. In 2023, he had said that "Boeing’s crime can be rightfully considered the most deadly corporate crime in U.S. history."

Boeing is under increased scrutiny by the Federal Aviation Administration, since January 2024 when a MAX 9 that was missing four bolts in a critical area suffered an emergency mid-air and lost a door plug. The FAA limits production to 38 planes a month.

Boeing CEO Kelly Ortberg and President Donald Trump appeared in Qatar on Wednesday to announce that the planemaker has landed its largest deal for widebody aircrafts. State carrier Qatar Airways had placed firm orders for 161 jetliners during Trump’s visit to Gulf Arab country.

Current discussions are based on a series DOJ decisions that span presidential administrations.

DOJ officials found last year that Boeing violated an agreement reached in the final days of the Trump administration, which shielded Boeing from prosecution.

This conclusion was reached after the in-flight incident that occurred on an Alaska Airlines flight in January 2024. In response, DOJ officials decided that they would reopen an older fatal crash case and negotiate with Boeing a plea deal. Reporting by Mike Spector, David Shepardson, and Christine Prentice, in Washington; Allison Lampert, in Montreal. Editing by Daniel Wallis, and Chizu Nomiyama.

(source: Reuters)