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Families of those who lost their lives in the two fatal Boeing 737 MAX crashes are preparing to formally oppose a tentative agreement that could allow Boeing to avoid prosecution. The crashes, which occurred in Indonesia and Ethiopia between 2018 and 2019, claimed the lives of 346 individuals.

The US Department of Justice (DOJ) presented the proposed nonprosecution agreement during a meeting that lasted over two hours on Friday, according to a court filing made public the following day, reported Reuters.

Victims’ families now have until Thursday to submit their written objections to the proposal. Paul Cassell, the attorney representing several of the families, said they plan to challenge the arrangement. “We will object to any deal along the lines described by DOJ yesterday, because it fails to hold Boeing accountable for the 'deadliest corporate crime in US history,’” Cassell said, referring to a prior remark by US District Judge Reed O'Connor.

The DOJ emphasised in its court filing that no final decision has been made yet regarding whether it will pursue the agreement or move forward with a trial. The department said it would wait to complete discussions with the families before making a determination.

Deal Could Halt Upcoming Fraud Trial

The proposed agreement could prevent a trial scheduled for June 23, in which Boeing faces a criminal fraud charge. The charge accuses the company of misleading regulators about a critical flight control system on its top-selling aircraft, the 737 MAX. If the deal proceeds, Boeing would avoid a conviction, a point that has caused dismay among many of the families.

“The new deal is a step backward from last summer, when Boeing was going to plead guilty,” said Cassell. “Under the new arrangement, they don’t plead guilty.” Boeing has not issued any public comment regarding the tentative deal.

Last year, in July, Boeing agreed to plead guilty to a criminal fraud conspiracy charge and faced a potential fine of up to $487.2 million. However, that plea has not yet materialised into a final agreement. According to the DOJ, discussions are still ongoing, and no formal documentation has been exchanged between Boeing and government officials to finalise the nonprosecution terms.

As part of the tentative agreement outlined to the families, Boeing would contribute an additional $444.5 million to a victims’ fund, to be distributed equally among those who died in the crashes. This amount would be in addition to the $500 million previously paid out by the company in 2021.

Regulatory Oversight Intensifies After MAX 9 Incident

The aircraft manufacturer has remained under heightened regulatory scrutiny in the wake of another recent incident. In January 2024, a Boeing 737 MAX 9 suffered a mid-air emergency after a door plug detached due to missing bolts. That event triggered new oversight measures by the Federal Aviation Administration (FAA), which has since limited Boeing’s monthly production to 38 aircraft.

While the DOJ weighs its final decision, families of the crash victims are continuing to advocate for full accountability, pushing back against what they view as an inadequate resolution to a crisis with far-reaching consequences.