Boeing’s DPA faced intense scrutiny, particularly from families of the Lion Air and Ethiopian Airlines crashes, who challenged the agreement in court. They petitioned the Fifth Circuit to mandate DOJ consultations with the families and to rework Boeing’s DPA to eliminate provisions shielding Boeing from criminal prosecution. However, the Fifth Circuit denied this request in December.
Boeing DOJ 737 Max Deal: Victims’ Families’ Reaction
Judge O’Connor previously ruled that the victims’ families were crime victims under the Crime Victims’ Rights Act, and that the DOJ had violated the statute by not consulting them before finalizing Boeing’s DPA. Despite this, the judge did not grant the families’ demands for stricter conditions, leading to their appeal.
Erin Applebaum, a partner at Kreindler & Kreindler LLP, which represents 34 families of Ethiopian Airlines Flight 302 victims, expressed disappointment with the plea deal, describing it as inadequate and a “slap on the wrist.” She criticized the DOJ for not acknowledging Boeing’s criminal conspiracy and for its refusal to enforce meaningful changes within the company.
Boeing DOJ 737 Max Deal: Boeing’s Stance
Boeing has consistently maintained that it complied with the DPA. The company expressed deep regret for the accidents and sympathy for the victims’ families, but argued there are no legal grounds for a court to challenge the DOJ’s prosecutorial discretion.
Legal Representation
The families are represented by several law firms, including Kreindler & Kreindler LLP and Clifford Law Offices PC. The federal government is represented by Lorinda Laryea of the DOJ’s Fraud Section and Chad E. Meacham of the U.S. Attorney’s Office for the Northern District of Texas. Boeing is represented by Kirkland & Ellis LLP and McGuireWoods LLP.
