DOJ plans meeting with Boeing victims as decision nears on whether company violated prosecution agreement

The Department of Justice Tuesday contacted the families of victims of two fatal Boeing 737 Max crashes as it nears a crucial decision on whether the company violated a 2021 agreement that allowed it to escape criminal prosecution over the incidents, according to a letter obtained by ABC News.

The letter, sent by the department’s fraud section, invited the families to attend a meeting on May 31 where they will be informed of the DOJ’s decision on whether the company violated the deferred prosecution agreement, or DPA.

If prosecutors believe they can argue that Boeing violated the terms of the agreement – ​​which required the company’s continued cooperation with the government, an obligation to disclose any allegations of fraud and avoid committing crimes – it would pave the way for a trial. historic criminal prosecutions against the aerospace giant that could have far-reaching consequences for the country’s aviation industry.

“The DOJ has been very transparent in disclosing to the families how they go about determining compliance or violation,” said Robert Clifford, an attorney representing the families of Max’s crash victims. “This has been a very disappointing element in the department’s contact and communication with families. But, in fairness to the department, prosecutors rarely discuss the details of their investigations, so this is nothing out of the ordinary .”

The meeting will be fourth conference session between the Department of Justice and the families of passengers who died in the crashes of two 737 Max planes in 2018 and 2019 who have for years accused the DOJ of having entered into a “sweetheart deal” with Boeing that should be rejected.

Victims’ lawyers have pointed to numerous allegations of potential wrongdoing since the deal was reached, such as whistleblower allegations, which Boeing has denied. — that the company flouted regulations and measures intended to protect the safety of its customers, as well as the door jam incident in January on an Alaska Airlines flight that is now the subject of a federal criminal investigation.

“From a prosecutorial standpoint, I think they probably have enough evidence to prove that Boeing violated the DPA,” said Mark Lindquist, an attorney representing a number of victims’ families. “In plain language, the main point of a deferred prosecution agreement is: Don’t make a mistake again. Boeing made a mistake again. The Max 9 door jam burst is just one example. “

Tuesday’s DOJ letter says the families will meet with attorneys from the department’s fraud section for seven hours on May 31, where they will be informed of the DOJ’s decision “and potential next steps, and to hear your input.” and opinions on the same.

Boeing told ABC News it had no comment.

A DOJ spokesperson did not immediately respond to ABC News’ request for comment on the letter.

“I firmly believe that passing this resolution is the right thing for us to do – a step that appropriately recognizes how far we have fallen short of our values ​​and expectations,” said David Calhoun, Boeing Chairman and CEO, in a memo to employees after the deal. the company was indicted by the DOJ in 2021. “This resolution is a serious reminder of how critical our obligation of transparency to regulators is and the consequences our company may face if any of us fails to respond to these expectations. “.