A US federal appeals court has denied a request from families of victims of two fatal Boeing 737 Max crashes to reopen a criminal case against the aircraft manufacturer. The unanimous decision by a three-judge panel of the 5th US Circuit Court of Appeals was issued on Tuesday.
The families had argued that the Department of Justice failed to properly consult them before reaching a deal with Boeing last year, which led to the dismissal of a criminal conspiracy charge. The charge stemmed from allegations that Boeing misled regulators about a flight-control system linked to the crashes, which killed 346 people.
Paul Cassell, a lawyer for the families, called the ruling “badly flawed” and said it meant Boeing escapes criminal justice accountability. However, Boeing attorney Paul Clement noted that more than 60 families supported the deal, and the company has taken steps to improve processes and paid substantial compensation.
The deal allowed Boeing to avoid prosecution in exchange for paying or investing $1.1 billion in fines, compensation, and safety measures. The Justice Department argued that going to trial risked acquittal, leaving Boeing without further punishment.
The case centred on an automated flight-control system linked to the crashes. Investigators found Boeing did not inform key FAA personnel about changes to the system, which was not mentioned in airplane manuals.
