The Justice Department told a federal judge that its case against Boeing didn’t prove the company’s misdeeds were directly related to the crashes.
At issue is an effort by relatives of those killed to throw out an agreement signed in the final days of the Trump administration under which the Justice Department would defer — and eventually drop — its prosecution on the count of conspiracy to defraud the United States if Boeing met certain conditions over more than three years.
But in the case of the 737 Max crash victims, the law was clear, the Justice Department argued, saying the Crime Victims’ Rights Act narrowly defines a crime victim as someone who has been “directly and proximately harmed as a result of the commission of a Federal offense.” But the Justice Department said its investigation didn’t produce evidence to prove beyond a reasonable doubt what factors caused the crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302. The department added that it could not prove to that standard that there was a “direct and proximate connection” between Boeing’s fraud affecting U.S.
Paul G. Cassell, a University of Utah law professor and former federal judge who is representing the families, said the Justice Department reiterated its apology in the Texas courtroom this week and noted the department’s pledge to consult with families in the future. Cassell said he wants justice for families in this case and for them to shape the outcome.
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