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Federal judge denies victim families' bid to reopen Boeing Max 737 plea deal over fraud charge related to plane's flawed design

'We are optimistic our appeal will vindicate the families’ rights in this case,' said attorney Paul Cassell
UPDATED FEB 11, 2023
(Representational photo, Cameron Spencer/Getty Images)
(Representational photo, Cameron Spencer/Getty Images)

FORT WORTH, TEXAS: A federal judge, Reed O’Connor, has rejected an appeal by families of passengers who died in Boeing 737 Max crashes. The victims' relatives wanted the court to reopen an agreement that allowed Boeing to avoid prosecution for fraud, raising the question of how it won regulatory approval for the plane.The District Court Judge in Fort Worth, in his verdict, said that he is sympathetic towards families of all those who lost their dear ones in two Max crashes killing 346, but his hands are tied by federal laws.

Judge O’Connor explained that the court does not have the authority to oversee agreements that prosecutors make with defendants. “[It] has no occasion to address whether the (settlement) is grossly incommensurate with Boeing’s egregious criminal conduct.”The decision ends the effort by family members of a few passengers who were seeking to nullify the 2021 agreement between Boeing and the Justice Department. Boeing has agreed to pay a whopping sum of $244 million in fines according to their $ 2.5 billion settlement.

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Boeing and DOJ crafted an illegal and secret plea deal

As per the bargain, US regulators who were misled to approve Max will not be prosecuted. “Boeing and DOJ crafted an illegal and secret plea deal without any chance for the families to confer about it, which is required by the Crime Victims Rights Act," said Paul Cassell, an attorney for the families. He added in a statement that they will now appeal to the 5th US Circuit Court of Appeals said in a prepared statement. "We are optimistic our appeal will vindicate the families’ rights in this case and ensure that never again are deals like this one reached secretly and without victim involvement.

Amid controversy, Max still remains to be Boeing's best-selling plane

Boeing pleaded not guilty to fraud in a January 26 hearing after over a dozen family members gave their heartbreaking testimonies as they opened up about their pain and frustration against Boeing’s action. The plane manufacturer was charged with misleading the Federal Aviation Administration about a certain key flight-control system on the Max. It was implicated in a 2018 crash in Indonesia and a 2019 crash in Ethiopia, according to ABC News. The incident led to the stoppage of Max sales and grounding of the plane worldwide. Interestingly, Max remains to be Boeing’s best-selling plane, as the maker plans a fourth Max assembly line in late 2024 because of its ever-growing demand.

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