The Bondi Sentencing Memorandum Has Important Implications in the Criminal Prosecution of Boeing
Today I made a filing for the victims’ families in the criminal case against Boeing, flagging an important point about how the new Administration’s approach to criminal sentencing should lead to a more transparent plea agreement with Boeing. Under the Bondi Memorandum, the new Administration now requires prosecutors to disclose all relevant facts to the sentencing judge—a requirement of “complete candor.” As the Justice Department and Boeing continue negotiating a new agreement for Boeing to plead guilty to its conspiracy of defrauding the FAA, an extremely relevant sentencing fact will have to be candidly disclosed: that Boeing killed 346 people.
For the last several years, I have represented (pro bono) families who lost loved ones in the two crashes of Boeing 737 MAX aircraft. (See earlier posts here, here, and here.) The families want Boeing held fully accountable for the harms stemming from its federal crime of defrauding the FAA about the safety of the 737 MAX—a crime that the district judge handling the matter (Judge Reed O’Connor in the Northern District of Texas) has found directly and proximately killed 346 people.
Several years ago, the Justice Department and Boeing reached a deferred prosecution agreement (DPA), requiring Boeing to take appropriate steps to comply with federal anti-fraud laws. In exchange, Boeing’s prosecution was deferred for three years to give it time to get its house in order. During the deal’s three-year term, Boeing failed to meet its obligations—a failure shockingly brought to light on January 5, 2024, when a door plug on a new Boeing 737 MAX blew out, causing an uncontrolled decompression of the aircraft. In May of last year, the Justice Department found that Boeing had breached its obligations under the DPA. And in July of last year, the Justice Department and Boeing reached a plea agreement, under which Boeing would plead guilty to the pending conspiracy charge. But the plea deal did not require Boeing to acknowledge that its crime killed 346 people–the deadliest corporate crime in U.S. history.
On behalf of the
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
