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U.S. judge: Passengers in fatal Boeing 737 MAX crashes are ‘crime victims’

U.S. judge: Passengers in fatal Boeing 737 MAX crashes are ‘crime victims’

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On Friday, a federal judge in Texas determined that the victims of two Boeing 737 MAX crashes are legally constituted “crime victims,” a designation that will determine what remedies should be enforced.

Some relatives of accident victims claimed in December that the US Justice Department breached their legal rights when it reached a deferred prosecution agreement with the planemaker in January 2021 over two disasters that killed 346 people.

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The families claimed that the government had “lied and violated their rights through a secret process” and asked U.S. District Judge Reed O’Connor to revoke Boeing’s immunity from prosecution, which was a condition of the $2.5 billion deal and order the planemaker to be publicly arraigned on felony charges.

Attorney General Merrick Garland met with some of the families after they filed a lawsuit alleging that the Crime Victims’ Rights Act had been broken, but he maintained the plea agreement, which included a $244 million fine, $1.77 billion in airline compensation, and a $500 million fund for crash victims.

MCAS, a safety system related to two deadly crashes and intended to help mitigate the MAX’s propensity to pitch up, was built by Boeing but important information about it was withheld from the FAA. The Ethiopian and Indonesian pilots would have “received training sufficient to respond to the MCAS activation that occurred on both aircraft,” according to O’Connor, “had Boeing not committed its crime,” the judge decided.

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The crashes, which have cost Boeing more than $20 billion in compensation, production expenses, and fines and caused the best-selling airliner to be grounded for 20 months, forced Congress to approve laws changing FAA aviation certification.

Boeing is requesting that Congress extend the FAA’s certification deadline for the MAX 7 and MAX 10 beyond the legislation’s December deadline. All aircraft after that date must have contemporary cockpit alerting systems, which the 737 aircraft do not.

In order to resolve Securities and Exchange Commission allegations that it misled investors about the MAX, Boeing paid $200 million last month.

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