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Sources: Boeing closes deal with prosecution to avoid guilty plea in 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, where the planemaker is accused of misleading U.S. regulators regarding a critical flight control system in the 737 MAX jet, which is its best-selling model. The agreement would need to be approved by a judge.

If approved, the agreement would prevent Boeing from being labeled a felon in relation to two fatal plane accidents that occurred between 2018 and 2019. A deal like this would be a huge blow to the families of those who have lost loved ones in the crashes, and who had asked prosecutors to bring the U.S. aircraft manufacturer to trial.

Sources said that prosecutors informed family members of crash victim victims on Friday at a meeting that Boeing had no longer agreed to enter a guilty plea in the case. Prosecutors told family members 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.

Boeing declined to comment immediately, while DOJ also declined.

Paul Cassell said that the families' lawyer, Paul Cassell, stated in a press release that the government intended to drop the charges, saying, "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 stated that Boeing was asked to pay $444.5 millions more into a fund for crash victims. The money would be distributed evenly among each crash victim. This is in addition to $500 million Boeing had paid out in 2021.

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

The U.S. District Court Reed O'Connor rejected an earlier plea agreement in Texas in December. He cited a clause in the deal that dealt with the selection of a monitor as being discriminatory and not inclusive.

O'Connor stated that in 2023: "Boeing's crimes may be considered as the deadliest corporate crimes in U.S. history."

Boeing is under increased scrutiny by the Federal Aviation Administration (FAA) 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 per monthly.

Boeing CEO Kelly Ortberg and President Donald Trump appeared in Qatar on Wednesday to announce that the planemaker had secured its largest deal ever for widebody aircrafts. State carrier Qatar Airways made firm orders for 160 jetliners during Trump's trip to the Gulf Arab nation.

The decision of Judge O'Connor to reject Boeing's plea agreement extended the case until the new Trump administration which has reorganized the Justice Department. Boeing accepted the first plea agreement during the last months of the Biden Administration.

Boeing agreed in July to plead guilty on a criminal fraud charge following the two fatal 737 MAX crash in Indonesia and Ethiopia spanning from 2018 to 2019. The company will pay a maximum fine of $487.2 Million. (Reporting from Mike Spector in New York; David Shepardson, Christine Prentice, and Allison Lampert, in Washington; and Daniel Wallis, and Chizu Nomiyama, in Montreal)

(source: Reuters)