737 MAX Crash Victims’ Families Seek Monitor for Boeing
Family members of victims who died in two
Boeing Co.
BA -1.86%
737 MAX jet crashes are seeking an independent monitor to oversee the plane maker’s compliance with parts of a criminal settlement related to the tragedies.
A federal judge is expected to hear from victims’ family members at an arraignment scheduled for Thursday in U.S. District Court in Fort Worth, Texas. The judge ruled in October that the families had standing to challenge the 2021 settlement between Boeing and the U.S. Department of Justice under a law known as the Crime Victims’ Rights Act.
The family members’ request for a monitor may be considered at the arraignment, during which at least 11 representatives of victims are scheduled to speak in court about the tragedies. Boeing also is expected to have to enter a plea.
“What the victims’ families want is for Boeing to be prosecuted to the hilt, and its then- leadership to be criminally prosecuted as well,” said Paul G. Cassell, a University of Utah law professor and former federal judge who represents the families.
A Justice Department spokesman declined to comment. A Boeing spokesman had no immediate comment.
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U.S. District Judge
Reed O’Connor
required the arraignment after victims’ relatives said that it is one step to remedy what they have called a violation of their legal rights. The families said they weren’t told about the investigation or the settlement before it was made public, while prosecutors earlier said the families weren’t victims under that law and didn’t need to be told.
Boeing said in court filings that the court doesn’t have the authority to change the settlement terms, even if the law was breached.
The January 2021 settlement, known as a deferred prosecution agreement, allowed Boeing to avoid an indictment and the risk of facing criminal trial, while clearing its top management of responsibility. The Justice Department’s deal with the aerospace company called for $2.5 billion in fines and compensation to customers and victims’ families.
The agreement required Boeing to stay out of trouble for three years and periodically report to the Justice Department on its compliance improvements. The settlement didn’t require an independent monitor.
Crash victims’ families say the settlement let Boeing off the hook too easily and have been seeking a path to permit further prosecution of Boeing and its management at the time of the crashes. Thursday’s arraignment isn’t expected to alter major terms of the existing settlement.
Ahead of the hearing, the families filed a court document asking Judge O’Connor to impose an independent monitor that would report on Boeing’s efforts to comply with the settlement, which included quarterly reports to the Justice Department on how well its systems and training programs are working to prevent future violations of U.S. fraud laws. They have also asked that Boeing’s reports be made public.
They characterized those requests as conditions the judge should impose on Boeing at the arraignment, similar to the requirements put on individuals who are arrested for a crime and seek release from jail in advance of a trial.
In the 2021 settlement, Boeing acknowledged that two of its former pilots had deceived federal aviation regulators to secure approval for MAX training requirements.
While the Justice Department had previously opposed arraigning Boeing in the matter, the agency in November told the court it would support an arraignment that allowed the families to speak.
U.S. Attorney General
Merrick Garland
has met with some families and his department apologized for not briefing the families before the settlement became public.
Relatives of those who died in the MAX accidents have been pursuing multiple legal challenges to Boeing, including in civil lawsuits.
Write to Dave Michaels at [email protected]
Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8
Family members of victims who died in two
Boeing Co.
BA -1.86%
737 MAX jet crashes are seeking an independent monitor to oversee the plane maker’s compliance with parts of a criminal settlement related to the tragedies.
A federal judge is expected to hear from victims’ family members at an arraignment scheduled for Thursday in U.S. District Court in Fort Worth, Texas. The judge ruled in October that the families had standing to challenge the 2021 settlement between Boeing and the U.S. Department of Justice under a law known as the Crime Victims’ Rights Act.
The family members’ request for a monitor may be considered at the arraignment, during which at least 11 representatives of victims are scheduled to speak in court about the tragedies. Boeing also is expected to have to enter a plea.
“What the victims’ families want is for Boeing to be prosecuted to the hilt, and its then- leadership to be criminally prosecuted as well,” said Paul G. Cassell, a University of Utah law professor and former federal judge who represents the families.
A Justice Department spokesman declined to comment. A Boeing spokesman had no immediate comment.
SHARE YOUR THOUGHTS
Would an independent ethics monitor help Boeing as it works to improve its processes and culture? Join the conversation below.
U.S. District Judge
Reed O’Connor
required the arraignment after victims’ relatives said that it is one step to remedy what they have called a violation of their legal rights. The families said they weren’t told about the investigation or the settlement before it was made public, while prosecutors earlier said the families weren’t victims under that law and didn’t need to be told.
Boeing said in court filings that the court doesn’t have the authority to change the settlement terms, even if the law was breached.
The January 2021 settlement, known as a deferred prosecution agreement, allowed Boeing to avoid an indictment and the risk of facing criminal trial, while clearing its top management of responsibility. The Justice Department’s deal with the aerospace company called for $2.5 billion in fines and compensation to customers and victims’ families.
The agreement required Boeing to stay out of trouble for three years and periodically report to the Justice Department on its compliance improvements. The settlement didn’t require an independent monitor.
Crash victims’ families say the settlement let Boeing off the hook too easily and have been seeking a path to permit further prosecution of Boeing and its management at the time of the crashes. Thursday’s arraignment isn’t expected to alter major terms of the existing settlement.
Ahead of the hearing, the families filed a court document asking Judge O’Connor to impose an independent monitor that would report on Boeing’s efforts to comply with the settlement, which included quarterly reports to the Justice Department on how well its systems and training programs are working to prevent future violations of U.S. fraud laws. They have also asked that Boeing’s reports be made public.
They characterized those requests as conditions the judge should impose on Boeing at the arraignment, similar to the requirements put on individuals who are arrested for a crime and seek release from jail in advance of a trial.
In the 2021 settlement, Boeing acknowledged that two of its former pilots had deceived federal aviation regulators to secure approval for MAX training requirements.
While the Justice Department had previously opposed arraigning Boeing in the matter, the agency in November told the court it would support an arraignment that allowed the families to speak.
U.S. Attorney General
Merrick Garland
has met with some families and his department apologized for not briefing the families before the settlement became public.
Relatives of those who died in the MAX accidents have been pursuing multiple legal challenges to Boeing, including in civil lawsuits.
Write to Dave Michaels at [email protected]
Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8
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