Judge rejects bid to nullify Boeing deal over Max crashes

Feb 10, 2023, 10:09 AM | Updated: 11:46 am
Paul Kieran, of Ireland, speaks to the media about his partner Joanna Toole, who was killed in the ...

Paul Kieran, of Ireland, speaks to the media about his partner Joanna Toole, who was killed in the 2019 crash of Ethiopian Airlines 737 Max aircraft, after a federal court hearing in Fort Worth, Texas, Thursday, Jan. 26, 2023. (AP Photo/LM Otero)

(AP Photo/LM Otero)

DALLAS (AP) — A federal judge has rejected an effort by families of passengers who died in Boeing 737 Max crashes to reopen an agreement that allowed Boeing to avoid prosecution for fraud in how it won regulatory approval for the plane.

District Judge Reed O’Connor in Fort Worth said that he has sympathy for families of the 346 people who died in two Max crashes, but that federal law doesn’t give courts the power to oversee agreements that prosecutors make with defendants.

The court, O’Connor wrote in a decision dated Thursday, “has no occasion to address whether the (settlement) is in fact grossly incommensurate with Boeing’s egregious criminal conduct.”

The ruling appears to end an effort by family members of some passengers to nullify a January 2021 agreement that Boeing struck with the Justice Department. Boeing agreed to pay a $244 million fine as part of a $2.5 billion settlement in which the government agreed not to prosecute Boeing on a felony fraud charge for misleading U.S. regulators who approved the Max.

Paul Cassell, a lawyer for the families, said they plan to appeal the ruling to the 5th U.S. Circuit Court of Appeals.

“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,” Cassell 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.”

Boeing did not immediately comment.

O’Connor ruled in October that the families met the definition of crime victims and the Justice Department should have told them about the negotiations. That led to his decision to order Boeing to stand for arraignment.

The Justice Department, like Boeing, felt that the judge should not reopen the settlement.

At the Jan. 26 hearing, Boeing pleaded not guilty to fraud, and more than a dozen family members gave emotional testimony about their grief and outrage at Boeing’s actions. Some called for Boeing executives to be prosecuted.

Boeing was charged with misleading the Federal Aviation Administration about a key flight-control system on the Max that was implicated in a 2018 crash in Indonesia and a 2019 crash in Ethiopia. Boeing cast blame on two former test pilots, but critics said the low-level employees were scapegoats for corporate wrongdoing.

Sales of the Max stopped after the crashes and a worldwide grounding. Orders have rebounded more recently, however, and the Max is Boeing’s best-selling plane. The company announced last month that it will open a fourth Max assembly line late next year because of strong demand.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Maricopa County Recorder Stephen Richer speaks inside the Recorders Office, Nov. 9, 2022, in...
Associated Press

Dominion conspiracies highlighted by Fox lawsuit have election officials concerned for safety

Maricopa County officials are bracing for what could happen when it comes time to replace its contract for voting equipment.
2 days ago
A building is damaged and trees are down after severe storm swept through Little Rock, Ark., Friday...
Associated Press

Tornado causes widespread damage to buildings, vehicles in Little Rock

A tornado raced through Little Rock and surrounding areas Friday, splintering homes, overturning vehicles and tossing trees.
2 days ago
FILE - Former President Donald Trump speaks with reporters while in flight on his plane after a cam...
Associated Press

Worries grow that Trump indictment could undermine public confidence in other investigations

Trump’s attempts to overturn those results amid false claims of widespread fraud are at the heart of two other ongoing investigations.
2 days ago
(Facebook Photo/Superior Court of Arizona in Yavapai County)...
Associated Press

Arizona judge has cases reassigned following DUI arrest

The Arizona Supreme Court has ruled that all cases currently assigned to a Yavapai County Superior Court judge recently arrested on suspicion of extreme DUI will be reassigned to other judges.
6 days ago
Haitian migrant Gerson Solay, 28, carries his daughter, Bianca, as he and his family cross into Can...
Associated Press

US, Canada to end loophole that allows asylum-seekers to move between countries

President Joe Biden and Canadian Prime Minister Justin Trudeau on Friday announced a plan to close a loophole to an immigration agreement.
9 days ago
Expert skateboarder Di'Orr Greenwood, an artist born and raised in the Navajo Nation in Arizona and...
Associated Press

Indigenous skateboard art featured on new stamps unveiled at Phoenix skate park

The Postal Service unveiled the “Art of the Skateboard" stamps at a Phoenix skate park, featuring designs from Indigenous artists.
9 days ago

Sponsored Articles

...
Day & Night Air Conditioning, Heating and Plumbing

Company looking for oldest air conditioner and wants to reward homeowner with new one

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.
(Desert Institute for Spine Care photo)...
DESERT INSTITUTE FOR SPINE CARE

Why DISC is world renowned for back and neck pain treatments

Fifty percent of Americans and 90% of people at least 50 years old have some level of degenerative disc disease.
(Photo via MLB's Arizona Fall League / Twitter)...
Arizona Fall League

Top prospects to watch at this year’s Arizona Fall League

One of the most exciting elements of the MLB offseason is the Arizona Fall League, which began its 30th season Monday.
Judge rejects bid to nullify Boeing deal over Max crashes