United States: Boeing reaches settlement with government, avoids trial over multiple 737 crashes

The U.S. government and Boeing have agreed to end criminal charges against the aircraft manufacturer related to two fatal crashes of its 737 MAX aircraft in 2018 and 2019, according to a document filed Friday. This agreement is a major development for the Arlington, Virginia-based company, which, subject to approval by a federal judge in Texas, will avoid a trial scheduled to begin on June 23.

As part of the settlement, Boeing will admit to attempting to "obstruct and hinder" the work of the U.S. Federal Aviation Administration (FAA). The company will also be required to pay $1.1 billion, including $444.5 million to fund a compensation fund for victims' families, which had already been allocated under a previous agreement reached in 2021.

Two accidents dating from 2018 and 2019

The lawsuit concerns the crashes of two 737 MAX 8s, one belonging to Lion Air in October 2018 and the other to Ethiopian Airlines in March 2019. The U.S. government accused Boeing of failing to disclose technical aspects of its MCAS anti-stall software to the FAA. Both crashes were caused by MCAS malfunctions and a lack of pilot training in the program.

In early 2024, following a mid-air incident in January involving a 737 MAX 9 in the northwest United States, authorities denounced the 2021 agreement. The government and Boeing agreed on a new document, which was rejected in early December by Federal Judge Reed O'Connor on formal grounds, not substance. The magistrate then surprised everyone in March by setting a trial date for the end of June, putting pressure on the parties, who ultimately agreed, according to the document submitted Friday.

Unhappy families

In the latter, the US government indicated that it had previously met with victims' families to inform them of its intentions. Following these meetings, the relatives and lawyers of the beneficiaries of "more than 110 victims" indicated that they were either in favor of this agreement or a resolution avoiding a trial, or that they did not oppose it.

But other families did not join in, expressing their dissatisfaction with Friday's announcement. "I am completely shocked by the Justice Department's decision not to prosecute Boeing despite all the evidence we have produced showing Boeing's turpitude and lies," reacted Catherine Berther, who lost her daughter Camille in the Ethiopian Airlines crash.