Boeing expected to evade criminal charges in 737 MAX crash, angering victims' families

WASHINGTON (7News) — In a stunning development that has ignited outrage and disbelief, the U.S. Department of Justice (DOJ) informed families of the 346 victims killed in two Boeing 737 MAX 8 crashes Friday morning of its intent to drop all criminal charges against the aircraft manufacturing giant.

The announcement, delivered during a virtual meeting with DOJ Criminal Division lawyers, was met with shock and a vow to fight back from the families and their attorneys.

Six years after the tragic crashes that claimed the lives of all onboard Lion Air Flight 610 in October 2018 and Ethiopian Airlines Flight 302 in March 2019, the prospect of Boeing facing no criminal accountability has been described by victims' families as a profound betrayal.

"Today the Justice Department’s Criminal Division held a 'conferral session' but didn't truly confer at all," stated Paul Cassell, attorney for numerous families and a professor of criminal law at the S.J. Quinney College of Law at the University of Utah. "Instead, they conveyed their preconceived idea that Boeing should be allowed to escape any real consequences for its deadly lies. We hope that this bizarre plan will be rejected by the leadership of the Department. If not—and if the Department moves to dismiss the case — we will strenuously object before Judge O’Connor. Dismissing the case would dishonor the memories of 346 victims, who Boeing killed through its callous lies."

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This latest development comes after years of investigation and public outcry over the design flaws in the 737 MAX 8 aircraft that were implicated in both disasters. As the 7News I-Team has extensively reported, the quest for justice for victims' families has been a long and arduous journey. Our ongoing investigations have highlighted the unwavering determination of these families to hold Boeing accountable for what they believe was a direct result of corporate negligence and a prioritization of profit over safety.

Cassell emphasized the apparent contradiction of the DOJ's position, given Boeing's prior admission of guilt.

"With a signed confession of guilt by Boeing’s CEO and its lawyers, the DOJ’s new proposal today amounts to a 'pretextual proposal,'" he asserted.

While DOJ spokesperson Lorinda Laryea, the Acting Chief of its Criminal Fraud Division, indicated that a final decision has not yet been made, Cassell told the families that this appeared to be a "prearranged conclusion" that is "clearly not in the public’s best interest."

Lawyers for the victims’ families learned Friday morning that Boeing is withdrawing its previous commitment to plead guilty to defrauding the Federal Aviation Administration in its manufacture of the defective 737 MAX8 jet.

READ MORE | Senators grill Boeing CEO over deadly 737 Max crashes

Robert A. Clifford, lead counsel in the civil litigation pending in Chicago, echoed this sentiment, questioning the DOJ's claim of litigation risk in light of Boeing's prior admissions.

"They can’t just walk back from that," Clifford stated. "These are facts that they agreed to. You have all the facts you need to prosecute this case. These families are willing to take the risks that their government is willing to hold these murderers responsible. We are offended by this deal, and we will challenge this."

Adding to the families' distress, Laryea reportedly stated that Boeing would be asked to pay an additional $444.5 million into a crash victims’ fund, to be divided evenly among the victims' families.

Sanjiv Singh, an attorney representing 16 victims from the 2018 Lion Air crash, condemned this proposal as "morally repugnant," a "slap on the wrist," and likened it to a "bribe."

The news has sent shockwaves through the aviation safety community, and experts tell 7News this has further eroded trust in the justice system for the affected families.

As we've reported for years through our close contact with the victims' families, the pursuit of accountability has been central to their grieving process. They tell us this latest development threatens to undermine the justice they've been fighting for over the past six years.

The meeting between the DOJ and the families was ongoing at the time of this report. 7News will have more Friday evening.