A U.S. judge has granted the Justice Department’s request to drop a criminal case against Boeing related to two fatal 737 MAX plane crashes that resulted in the deaths of 346 individuals, including 18 Canadians. Judge Reed O’Connor, presiding over the U.S. District Court in Fort Worth, Texas, expressed disagreement with the Justice Department’s stance on dismissing the case as being in the public interest. Despite his reservations, O’Connor indicated he lacked the authority to overturn the decision, highlighting that the government’s arrangement with Boeing lacked the necessary measures to ensure public safety in air travel.
Boeing responded with a commitment to fulfill the terms of the agreement, emphasizing its dedication to enhancing safety, quality, and compliance programs. The decision follows a hearing held in September by O’Connor, during which objections were raised regarding the exclusion of a provision mandating Boeing to undergo oversight from an independent monitor for three years. Instead, the company was tasked with hiring a compliance consultant, a move that drew criticism from families of crash victims in Indonesia and Ethiopia.
Toronto native Chris Moore, whose daughter was among the Canadian casualties in the Ethiopian crash, denounced the non-prosecution agreement as an unjust bargain favoring the elite at the expense of human life and rights. Notably, no Canadian nationals were among the victims of the Indonesian crash. O’Connor rebuked the government’s position, asserting that Boeing’s actions warranted prosecution and the imposition of an independent monitor, which were omitted in the final agreement.
The government defended Boeing’s improvements and emphasized enhanced oversight by the Federal Aviation Administration. The dismissal of the case was deemed inevitable by both Boeing and the government. In 2023, O’Connor labeled Boeing’s offense as potentially the deadliest corporate crime in U.S. history, underscoring the gravity of the situation. As part of the non-prosecution deal, Boeing agreed to contribute $444.5 million to a victims’ fund, in addition to a $243.6 million fine and substantial investments in compliance, safety, and quality initiatives.
Boeing has reached settlements in numerous wrongful death lawsuits arising from the Ethiopian crash, including with Canadian Paul Njoroge, who lost multiple family members in the tragedy. Remaining lawsuits are being addressed, with one trial commencing recently. A jury in Chicago will determine damages related to the death of a passenger, Shikha Garg, unless a settlement is reached. The FAA proposed a $3.1 million fine against Boeing for safety violations, including incidents linked to the Alaska Airlines emergency in 2024 and allegations of interfering with safety officials’ autonomy.