Saturday, March 28, 2026

Tale of Two Air Crashes: Legacy of Deception and the Unfinished Pursuit of Justice

By Rajiv Shah

Aircraft accidents involving commercial passenger planes continue to raise urgent questions about accountability and oversight in global aviation.

Two major tragedies — the crashes of Lion Air Flight 610 (October 29, 2018) and Ethiopian Airlines Flight 302 (March 10, 2019) — involving the Boeing 737 MAX model led to the loss of 346 innocent lives.

These were not isolated or unforeseeable technical failures but incidents deeply intertwined with decisions made at various organizational and regulatory levels.

At the core of both disasters as per various media coverages, was a flight control software system called the Maneuvering Characteristics Augmentation System (MCAS).

Aviation experts and crtics saying,  Investigations revealed that pilots were not made adequately aware of this software’s existence or its potential impact under certain flight conditions.

Internal company communications made public later indicated that some employees were concerned about design flaws even before the aircraft was certified.

In January 2021, the U.S. Department of Justice entered into a Deferred Prosecution Agreement (DPA) with Boeing, under which the company paid a total of $2.5 billion, as reported in mainstream media, of this, only $243.6 million was classified as a criminal monetary penalty; the rest was compensation to airlines and victim families and credits toward earlier settlements, it further alleged.

The agreement did not result in any criminal conviction for Boeing or individual executives, which provoked widespread criticism from legal scholars and victim advocacy groups.

In 2023, victims’ families successfully asserted their legal standing under the Crime Victims’ Rights Act (CVRA) in a U.S. District Court. While the judge agreed that they were indeed victims under the law, the court held that the DOJ had not violated any legal obligation by excluding them from DPA negotiations.

The situation changed in June 2025, when the DOJ determined that Boeing had breached the terms of the DPA as per industry experts and media coverage.

According to official correspondence, the company allegedly failed to implement and maintain a compliance program designed to detect and prevent violations of U.S. fraud laws. This breach reopened the possibility of criminal prosecution, signaling a significant legal and reputational turning point for the aerospace manufacturer.

While other aircraft manufacturers, including Airbus, have also faced accidents — with around 35 Airbus incidents since 2000 causing over 2,500 fatalities globally — analysts note key differences, Airbus typically undertakes swift design reviews and cooperates with investigators, which may explain why its responses have attracted less controversy.

These comparisons, however, must be seen in light of the differing legal, technical, and jurisdictional contexts in which each manufacturer operates.

Critics argue that in the case of Boeing, there were signs of undue regulatory leniency. The Federal Aviation Administration (FAA) had delegated key aspects of the aircraft’s safety certification to Boeing engineers through a long-standing program intended to streamline oversight. This self-certification model has now come under bipartisan scrutiny in the U.S. Congress.

Internationally, as per media reports , aviation regulators in China, Ethiopia, and Indonesia acted swiftly to ground the 737 MAX after the second crash.

In contrast, it is alleged that Western regulators, including the FAA, initially delayed such action. This claims raised broader questions about the independence and proactiveness of regulatory bodies in ensuring passenger safety.

Families of crash victims continue to fight for accountability, not financial compensation. Their advocacy has led to legal reforms, documentary investigations, and growing global pressure on both regulators and manufacturers to prioritize safety over expediency.This story is not just about two tragic crashes. It is about lessons in transparency, governance, and ethics — and how systems entrusted with public safety can possibly fail when commercial interests override caution.

As of July 2025 it is assumed  that Boeing may face criminal trial proceedings. Whatever the legal outcome, the victims’ families and aviation safety advocates are committed to pursuing lasting reforms.

References & Footnotes

  • Preliminary Accident Report: Lion Air JT610 (KNKT.18.10.35.04, Indonesia), 2018
  • House Committee on Transportation & Infrastructure, Report on the Design, Development & Certification of the Boeing 737 MAX, Sept 2020
  • S. DOJ Press Release: “Boeing Charged with 737 MAX Fraud Conspiracy”, Jan 7, 2021
  • Ruling on Crime Victims’ Rights Act, U.S. District Court, N.D. Texas, 2023
  • DOJ Notification Letter to Boeing Regarding Breach of DPA, June 25, 2025
  • Aviation Safety Network, Airbus Crash Database (2000–2024)
  • S. Senate Commerce Committee Hearing: FAA

 

  • Oversight & Certification, Nov 2020
  • ICAO: Comparative Regulator Responses Following Ethiopian Airlines ET302 Crash, 2019
  • Families United for Justice, Public Statements and Advocacy Campaign Materials, 2020–2025

(Author is feature writer and legal analyst. He is though not aviation expert. Views are personal.)

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