DOJ plans meeting with Boeing victims as decision approaches on whether company violated prosecution agreement

The Justice Department on Tuesday contacted the families of victims of two fatal Boeing 737 Max crashes as it nears a crucial decision on whether the company violated a 2021 agreement that allowed it to escape criminal charges over the incidents , according to a letter obtained by ABC News.

The letter, sent by the department’s fraud division, invited families to attend a meeting on May 31 where they will be informed of the DOJ’s decision on whether the company will accept the Deferred Prosecution Agreement (DPA). ) has violated.

If prosecutors think they can argue that Boeing violated the terms of the agreement — which called for the company’s continued cooperation with the government, a requirement that it disclose all allegations of fraud and not commit criminal acts — this would paving the way for a historic criminal prosecution of the aerospace giant that could have major consequences for the country’s aviation industry.

“The DOJ has been very non-transparent in communicating to families how they will proceed in determining compliance or violation,” said Robert Clifford, an attorney representing the families of the Max victims. “That was a very disappointing feature of the department’s contact and communication with the families. But in fairness to the department, prosecutors rarely discuss the details of their investigations, so this is not unusual.”

The meeting will be the fourth consultation session between the Justice Department and the families of passengers killed in the crashes of two 737 Max planes in 2018 and 2019, who for years have accused the DOJ of cutting a “sweetheart deal” with Boeing that should be closed down. out.

Lawyers for the victims have pointed to numerous allegations of possible misconduct since the deal closed – including whistleblower claims, which Boeing has denied – that the company ignored regulations and measures designed to protect the safety of its customers, as well as the January Doorplug incident on an Alaska Airlines flight that is now the subject of a federal criminal investigation.

“From a prosecution perspective, I think they probably have enough evidence to prove that Boeing violated the DPA,” said Mark Lindquist, an attorney representing the families of some of the victims. “In plain language, the main point of a deferred prosecution agreement is this: Don’t screw it up again. Boeing screwed up again. Blowing the door plug on the Max 9 is just one example.”

Tuesday’s letter from the DOJ states that families will meet with attorneys from the department’s fraud division for a seven-hour period on May 31, where they will be informed of the DOJ’s decision “and possible next steps, and to hear your input. and views about it.”

ABC News has reached out to Boeing for comment.

A DOJ spokesperson did not immediately respond to ABC News’ request for comment on the letter.

“I firmly believe that entering into this resolution is the right thing for us – a step that appropriately acknowledges how far we have fallen short of our values ​​and expectations,” said David Calhoun, president and CEO of Boeing, in a note to employees after the conference. the company was sued by the DOJ in 2021. “This resolution is a serious reminder to all of us how critical our obligation to transparency to regulators is, and the consequences our company could face if any of us fail to meet those expectations.”