NEW YORK/WASHINGTON April 24 (Reuters) - Families of the
victims of two fatal Boeing 737 MAX crashes in 2018 and 2019
will press U.S. Justice Department officials Wednesday to
criminally prosecute the planemaker after a January in-flight
blowout exposed continuing safety and quality issues.
Relatives and their lawyers are expected to argue that
Boeing ( BA ) violated a 2021 deal with prosecutors to overhaul
its compliance program following the crashes, which killed 346
people. Federal prosecutors agreed to ask a judge to dismiss a
criminal charge against Boeing ( BA ) so long as it complied with the
deal's terms over a three-year period.
But a panel blew off a new Boeing 737 MAX 9 jet during a
Jan. 5 Alaska Airlines flight, just two days before the
2021 agreement expired. Justice Department officials are now
weighing that incident as part of a broader probe into whether
Boeing ( BA ) violated the deal, known as a deferred prosecution
agreement, or DPA, two people familiar with the matter told
Reuters.
"What we're saying to DOJ is, throw out the DPA," said Nadia
Milleron, whose daughter, Samya Stumo, died while traveling
aboard the Ethiopian Airlines Boeing 737 MAX 8 that crashed in
March 2019. "We want them to think to themselves: This is too
much. There has to be accountability."
Family members argue an independent monitor is needed to
ensure Boeing's ( BA ) compliance with the agreement. Boeing's ( BA ) deal had
no such requirement, unlike some past agreements with other
companies.
"If there was an outside monitor, the Alaska situation would
not have happened," Milleron said.
Boeing ( BA ) and the Justice Department declined to comment.
In January 2021, Boeing ( BA ) agreed to pay $2.5 billion to
resolve a criminal investigation into the company's conduct
surrounding the crashes. The U.S. planemaker agreed to
compensate victims' relatives and overhaul its compliance
practices as part of the deal with prosecutors.
In an earlier April meeting with family members' lawyers,
Justice Department officials said they were looking at
circumstances outlined in the 2021 deal that could put Boeing ( BA ) in
breach of the agreement, such as the company committing a felony
or misleading U.S. officials, one of the people familiar with
the matter said.
The agreement gives U.S. officials six months from the
deal's Jan. 7 expiration to decide whether to prosecute Boeing ( BA )
on a charge that the company conspired to defraud the Federal
Aviation Administration or pursue other alternatives to
dismissing the case.
Officials plan to do so within that time frame while
investigations into the Jan. 5 in-flight blowout continue, which
could inform their decision, one of the people said. The people
spoke on condition of anonymity.
Prosecutors are expected to lean heavily on findings from
the FAA's investigations, one of the people previously told
Reuters.
The FAA, for instance, is investigating a Boeing ( BA ) engineer's
claims that the company dismissed safety and quality concerns in
the production of the planemaker's 787 and 777 jets. In a
congressional hearing last week, the engineer testified that
Boeing ( BA ) sidelined him when he raised concerns. Reuters has not
independently verified his claims, which Boeing ( BA ) has disputed.