Boeing criminal case dismissed at DOJ's request despite judge's unease

Nov. 6 (UPI) -- A federal judge on Thursday dismissed a criminal conspiracy case against Boeing for its flight control system that is believed to have caused two crashes that killed 346 people.

The Department of Justice had requested the dismissal in May, which was met with opposition from the families of the victims.

The flight control system was in Boeing's 737 Max jetliner. Two flights of the plane crashed: One on Ethiopian Airlines in 2019 near Addis Ababa, Ethiopia; and another on Lion Air in 2018 in Indonesia. The 737 Max was grounded for two years after the crashes.

Judge Reed O'Connor in Fort Worth, Texas, expressed concern over the motivation for the dismissal.

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"The government now believes that Boeing can be trusted to select a compliance consultant because Boeing has made 'meaningful progress in improving its anti-fraud compliance and ethics programs,'" O'Connor wrote in his dismissal.

"In summary, the government's position in this lawsuit has been that Boeing committed crimes sufficient to justify prosecution, failed to remedy its fraudulent behavior on its own during the [Deferred Prosecution Agreement], which justified a guilty plea and the imposition of an independent monitor, but now Boeing will remedy that dangerous culture by retaining a consultant of its own choosing."

"Given Boeing's history related to this case (and the government's continued failure to gain Boeing's compliance), the [families of the victims opposed to the dismissal] are correct that this agreement fails to secure the necessary accountability to ensure the safety of the flying public," O'Connor wrote.

"The government has a confession from Boeing, signed by the CEO and chief legal officer, admitting to all the elements of the conspiracy charge against it in the DPA," O'Connor said. "As such, the assertion that there is a legitimate risk that Boeing would be acquitted at a trial lacks support."

The DOJ had accused Boeing of lying to federal regulators about the plane's Maneuvering Characteristics Augmentation System. Boeing has agreed to pay or invest $1.1 billion in fines, safety improvements and compensation to the victims' families.

"We are committed to honoring the obligations of our agreement with the Department of Justice," Boeing said in a statement. "We are also committed to continuing the significant efforts we have made as a company to strengthen our safety, quality and compliance programs."