DALLAS — The Justice Department is defending its settlement with Boeing over plane crashes that killed 346 people, saying in a court filing Wednesday that it lacks evidence to prosecute the company for more serious crimes.
Prosecutors said that if the settlement is rejected and the case goes to trial, they will not present testimony or evidence about the causes of two crashes in 2018 in Indonesia and 2019 in Ethiopia, nor will they charge any Boeing officials.
Boeing agreed last month to plead guilty to a single count of conspiracy to commit fraud by misleading regulators approving the 737 Max. Under the settlement, Boeing would pay at least $243.6 million in fines, invest $455 million in compliance and safety programs, and be placed on probation for three years.
The Justice Department filed the lawsuit in court Wednesday in response to families of some of the people killed in the crashes, who asked a federal judge in Texas to reject the settlementThe relatives claim that the sentence imposed by prosecutors is a light one considering the loss of lives.
U.S. District Judge Reed O’Connor in Fort Worth, Texas, could accept the settlement and the proposed penalty, or he could reject the deal. That would likely trigger new negotiations between Boeing and the Justice Department.
Prosecutors said that if the case goes to trial, Boeing would still be tried on the same conspiracy charge, rather than two more serious charges: manslaughter or death resulting from aircraft parts fraud.
“The agreement is a strong and important resolution that holds Boeing accountable and serves the public interest. It holds Boeing accountable for the most serious, easily provable violation,” department officials told the judge.
The department reiterated its previous position that even with the deal, Boeing could still face charges related to the eruption of a panel from the side of an Alaska Airlines Max during a flight in January.
Boeing, based in Arlington, Virginia, allegedly concealed details of new flight control software from the Federal Aviation Administration. In both crashes, the software caused the nose to pitch down repeatedly and violently based on faulty readings from a single sensor, and pilots were unable to regain control.
Boeing blamed two relatively low-level employees for the deception under a Settlement 2021 which would have allowed the company to escape criminal prosecution. However, the Justice Department revived the possibility of prosecution in May, when it told the judge that Boeing has breached the terms of that settlement.
Judge O’Connor previously ruled that he does not have the authority to overturn the 2021 deal, a so-called deferred prosecution agreement. It is unclear whether he would also overturn a plea agreement.
The judge has accused Boeing of “serious criminal behavior.” He also ruled that the Justice Department violated a law that grants rights to crime victims by failing to inform the families of passengers about the secret negotiations with Boeing before the 2021 deal.
This time, prosecutors “have met with the families repeatedly and extensively,” including discussing the terms of a plea agreement, said Sean Tonolli, deputy chief of the Justice Department’s fraud division.
“Their voices have been heard, considered and taken into account in government decision-making,” he said.
