The Justice Department defended a plea deal with Boeing over two plane crashes that killed 346 people, stating that they lack evidence to prosecute the company for more serious crimes. Prosecutors mentioned that if the plea deal is rejected and the case goes to trial, they will not offer testimony or evidence about the causes of the crashes or charge any Boeing individuals. Boeing agreed to plead guilty to a single felony charge of conspiracy to commit fraud and pay fines under the plea deal, which also includes investing in compliance and safety programs. Relatives of the crash victims have asked a federal judge in Texas to reject the settlement, arguing that the sentence approved by prosecutors is too lenient considering the loss of lives.

U.S. District Judge Reed O’Connor in Fort Worth, Texas, has the authority to accept or reject the plea agreement and proposed sentence. If the case goes to trial, prosecutors will try Boeing on the same conspiracy charge, and not for more serious charges like manslaughter or death resulting from fraud involving aircraft parts. The Justice Department defended the agreement, stating that it is a significant resolution that holds Boeing accountable for the most serious offense. The department also mentioned that even with the plea deal, Boeing could still face charges in connection with other incidents involving their planes.

Boeing is alleged to have hidden details about faulty flight-control software from the Federal Aviation Administration, which led to the crashes in Indonesia and Ethiopia. The software caused the nose of the planes to pitch down repeatedly based on faulty sensor readings, resulting in pilots losing control of the aircraft. Boeing blamed low-ranking employees for the deception under a previous settlement that would have allowed the company to escape criminal prosecution. However, the Justice Department revived the possibility of prosecution when they found that Boeing violated the terms of the settlement. The judge overseeing the case has accused Boeing of “egregious criminal conduct” and ruled that the Justice Department violated a law by not informing families of the victims about negotiations with Boeing before the initial settlement.

Prosecutors have stated that they extensively consulted with the families of the crash victims this time, including discussing the terms of the plea agreement. The families’ voices have been considered and incorporated into the government’s decision-making process according to the deputy chief of the Justice Department’s fraud section, Sean Tonolli.

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