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> After three years, if the aerospace giant and defense contractor lived up to the terms of the deferred prosecution agreement, the criminal charge against Boei
by legitster 4y ago
> After three years, if the aerospace giant and defense contractor lived up to the terms of the deferred prosecution agreement, the criminal charge against Boeing would be dismissed and the company would be immune from further prosecution.
> The families of those killed in the crashes petitioned the court to reverse the deal, arguing that under the Crime Victims' Rights Act, they should have been consulted and had input into the agreement. The Justice Department initially objected, arguing that it was the FAA, a regulatory agency overseeing airplane certification, that had been defrauded by Boeing, not those killed in the crashes and their survivors.
> Judge O'Connor sided with the families this fall, ruling that they legally are crime victims and that their rights were violated under the Crime Victims' Rights Act, and they should have been consulted. But he has not yet agreed to reopen the deferred prosecution agreement.
So the DOJ cut a deal with Boeing to skip the court system entirely - which I assume was a bit of a win-win for everyone: Boeing didn't have to admit fault, the DOJ didn't have to build a painstaking fraud case without a smoking gun, and victims got restitution without having to wait for a verdict.
It seems here the real case is against the DOJ for not pursuing a criminal case in the first place. I also wonder what sort of risk this has to backfire - if Boeing ends up beating the fraud case, or worse, they find executives singularly responsible, does that mean Boeing can claw back their $2 billion payouts to this point?
Also, why would anyone ever want to cut a deal with the DOJ again if they have no authority? For the next accident, why not just wait until the court verdict to pay out to victims next time?
- SQueeeeeL 4y ago>which I assume was a bit of a win-win for everyone: Boeing didn't have to admit fault, the DOJ didn't have to build a painstaking fraud case without a smoking gun, and victims got restitution without having to wait for a verdict. Except it isn't a win-win for all the people who want to continue not randomly dying because a bunch of business executives wanted to crank out some extra earnings. Like why is it ever a benefit to anyone that a multi billion dollar company doesn't have to admit fault, it was quite literally their fault. They made the high level decisions which deprioritized safety, and now people are dead. It's only a few levels abstracted from pulling the trigger, and if we had a real functioning society those reasonable would be put in jail like other murderers.
- landemva 4y agoAnd the FAA would revoke 737MAX airworthiness until a new type certification can be approved. The FAA got off easy on their lack of oversight.
- paulryanrogers 4y agoWe can prosecute both the company, its executives, and the FAA folks responsible.
- wahern 4y ago> does that mean Boeing can claw back their $2 billion payouts to this point? Presumably Boeing extracted waivers from the victims and airlines in exchange for the payouts, so those payments are basically civil tort and breach of contract settlements and independently enforceable.
- HyperSane 4y agoMany Boeing executives should be in prison. The 737MAX airworthiness certification should be revoked and a new type certification created, because that is EXACTLY what Boeing created MCAS to avoid.