2-6-2024 (NEW YORK) Boeing executives are not expected to face criminal charges over the tragic crashes in 2018 and 2019 that claimed 346 lives, as the statute of limitations has likely expired, according to the US Justice Department officials who conveyed this information to the victims’ families during a recent meeting.
This information was confirmed by a source familiar with the meeting and documents reviewed by Reuters on Friday.
For most federal crimes, the statute of limitations is five years. In mid-May, the Justice Department determined that Boeing breached a 2021 deferred prosecution agreement (DPA) that had protected the company from criminal charges related to the fatal crashes.
Under this agreement, officials had consented to request the dismissal of the charge of conspiring to defraud the US Federal Aviation Administration (FAA), provided Boeing complied with the terms for three years, concluding on January 7, 2024.
However, a significant incident two days before the agreement’s expiration revealed ongoing safety and quality concerns. A panel detached from a new Boeing 737 MAX 9 jet during a January 5 Alaska Airlines flight.
Boeing has until June 13 to contest the Justice Department’s finding that it violated the 2021 agreement.
Officials have until July 7 to notify a federal judge in Texas of their intended course of action.
“Boeing has adhered to the terms of the agreement,” the company stated on Saturday.
The Justice Department did not immediately respond to requests for comment.
The department is considering several options, including whether to prosecute Boeing or extend the DPA by another year. They could also establish a new DPA or enter into a non-prosecution agreement without court supervision.
Additionally, officials might seek a plea deal with Boeing concerning the 2021 fraud charge or proceed to trial.
Boeing could also face charges for conduct during the three-year term of the DPA. However, officials have not found evidence of any felonies during this period, prosecutors informed the victims’ families, according to the source familiar with the meeting.
Victims’ families are considering urging officials to seek an enhanced sentence if Boeing is prosecuted and convicted, the source told Reuters.
During the meeting, Justice Department officials expressed their belief that they could not prove federal manslaughter or fraud involving aircraft parts beyond a reasonable doubt, the source added.