families once more urge legal action against Boeing in connection with air crashes
In a significant development, a US federal judge in Texas, Judge Reed O'Connor, has invited some of the families affected by the crashes of Boeing's 737 Max jetliners to address the court on Wednesday. This comes as the judge is set to hear arguments on a government motion to dismiss a felony charge against Boeing, accused of conspiring to commit fraud in connection with the crashes.
The crashes, which occurred off the coast of Indonesia and in Ethiopia, resulted in the death of 346 people. The case revolves around a new software system Boeing developed for the Max, which was implicated in the fatal flights.
In December 2021, Boeing's plea agreement was rejected by Judge O'Connor. The agreement, struck between the US government and Boeing, required the company to pay or invest another US$1.1 billion in fines, compensation for crash victims' families, and internal safety and quality measures. The judge's refusal to accept the agreement allowed Boeing to challenge the Justice Department's rationale for charging the company.
The Justice Department charged Boeing with conspiring to defraud the US government, but agreed to defer prosecution and drop the charge after three years if the company paid a US$2.5 billion settlement. However, the department disputes whether Judge O'Connor has authority to deny the motion without finding that prosecutors acted in bad faith instead of the public interest.
The software in question, known as the Maneuvering Characteristics Augmentation System (MCAS), was found to have pitched the nose of the plane down repeatedly based on faulty readings from a single sensor in the 2018 and 2019 crashes. This issue was not disclosed to key Federal Aviation Administration personnel before regulators set pilot training requirements for the Max, according to the Transportation Department's inspector general.
A former Boeing test pilot is the only individual charged with a crime in connection with the crashes. In March 2022, a federal jury acquitted him of misleading the FAA about the amount of training pilots would need to fly the Max.
Catherine Berthet, whose daughter died in the Ethiopia crash, plans to speak at the court. The judge has not yet announced a decision on the government's motion to dismiss the felony charge against Boeing.
Airlines began flying the Max in 2017, and the planes were grounded worldwide for 20 months after the Ethiopian crash while the company redesigned the software. The FAA approved minimal, computer-based training for Boeing 737 pilots, avoiding the need for flight simulators.
O'Connor objected to diversity, equity and inclusion policies potentially influencing the selection of an independent monitor in the case. The US Justice Department maintains that the families of 110 crash victims either support a pre-trial resolution or do not oppose the non-prosecution agreement.
As the court proceedings continue, the families and the public await the judge's decision on the government's motion to dismiss the felony charge against Boeing.
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