US criminal proceedings against Boeing collapse
Boeing misled authorities. Problems led to 346 deaths. The US government nevertheless secures the discontinuation of criminal proceedings.
(Image: Trevor Mogg/ Shutterstock.com)
Aircraft manufacturer Boeing pleaded guilty last year in connection with two fatal crashes of 737 Max aircraft to conspiracy to commit wire fraud against the US government. This was intended to shorten the criminal proceedings; however, the court found the conditions too lenient. Therefore, a courtroom trial was to take place after all. In the meantime, there is a new US administration that is causing the proceedings to collapse entirely -- much to Boeing's delight and to the anger of the relatives of the 346 victims.
The criminal proceedings are related to two crashes of Boeing 737 Max aircraft in 2018 and 2019, in which a total of 346 people lost their lives. The accidents involving the aircraft of Indonesian Lion Air and of Ethiopian Airlines were caused by faulty control software. As emerged during the investigation, Boeing had forgone training on the new software during the official certification process.
To avoid prosecution, Boeing reached an agreement with the US government in 2021 on a three-year compliance and ethics program. It was intended to prevent or at least uncover violations of US fraud laws. However, Boeing violated this agreement, which would have paved the way for prosecution, according to the US government under Joe Biden. Boeing entered a plea and accepted further conditions, including a fine and independent oversight.
However, Boeing wanted a veto right in the selection of the independent supervisor. The responsible US District Court for Northern Texas did not accept this and scheduled a trial with a courtroom hearing to set the conditions.
New administration lets Boeing off the hook
Meanwhile, there is a new US administration. It wants to drop the charges altogether, allowing Boeing to avoid a conviction and independent oversight. US prosecutors cannot drop charges once they have been filed on their own, but only with the court's consent. The court may only consent if certain requirements are met; in particular, the discontinuation of proceedings must be in the public interest. This is not the case, says Judge Reed O'Connor. The arguments presented by the prosecution are not sound, especially since Boeing has already pleaded guilty.
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Nevertheless, the judge surprises by approving the motion to dismiss the proceedings. The judge interprets his role as generally having to follow the prosecution's view. A rejection of the motion to dismiss the proceedings is only possible if it was obviously made for improper motives, such as bribery or personal animosity towards the defendant. There is no evidence of this.
"The Court acknowledges that it does not have the authority to deny leave because it disagrees with the Government that dismissing the criminal information in this case is in the public interest," the decision issued on Thursday states. A lawyer representing several bereaved families wants to appeal this court decision.
Court: "Safety of aviation not guaranteed"
Among other things, he can refer to Judge O'Connor's statements: The bereaved are right that the new agreement between the government and the aircraft manufacturer "fails to secure the necessary accountability to ensure the safety of the flying public."
The criminal proceedings are called USA v The Boeing Company and are pending before the US District Court for Northern Texas (Case No. 4:21-cr-00005).
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