737 Max crash victims' families aim to reopen Boeing's deferred prosecution agreement

737 Max crash victims' families aim to reopen Boeing's deferred¹ prosecution² agreement

Transcript³

The families of those killed in two crashes of Boeing 737 Max planes will be in federal court in Texas, arguing that the company's deferred prosecution agreement with prosecutors⁴ should be rescinded⁶.

A MARTINEZ, HOST:

Some of the families of those who died in two separate 737 Max plane crashes are asking a federal judge this morning to throw out the government's preferred prosecution agreement with Boeing. They say the agreement reached by the Trump⁷ administration last year lets Boeing off easy, but the Justice Department is defending the deal. NPR's David Schaper reports.

DAVID SCHAPER, BYLINE⁸: The deferred prosecution agreement allows Boeing and its top executives to avoid further criminal prosecution by admitting they conspired⁹ to defraud¹⁰ the Federal Aviation Administration in the certification of the 737 Max. The company acknowledges deceiving and misleading federal regulators about an automated¹¹ flight control system that played a major role in both plane crashes. The deal also requires Boeing to pay $2.5 billion in compensation and a fine. But the settlement blindsided the families of the 346 people who died in the crashes in Indonesia and Ethiopia because they'd been told by the Justice Department there was no criminal investigation¹³.

NAOISE RYAN: It was a sweetheart deal. It wasn't justice.

SCHAPER: Naoise Ryan's husband, Mick, was among those killed in the second 737 Max crash in Ethiopia in March of 2019.

RYAN: This was a slap on the wrist for Boeing. It was done in the dark of the night kind of thing that nobody knew about it, that we had been lied to.

SCHAPER: Ryan and the other crash victims' family members say that under the Crime Victims' Rights Act, they had a legal right to be consulted before the deal was cut. And now they want the agreement rescinded. Michael Stumo's 24-year-old daughter, Samya, was also killed in the Ethiopian plane crash.

MICHAEL STUMO: We want accountability. We want the judge to say that we are victims under the definition of the Crime Victims' Rights Act. It's clear what that law says.

SCHAPER: In court documents responding to the family's motion, the Justice Department apologizes for not meeting and conferring with them. But the government contends it had no legal obligation to do so because the crash victims are not crime victims under the law. Prosecutors say the evidence does not establish beyond a reasonable doubt that Boeing's conspiracy¹⁴ to defraud the FAA is what caused the crashes. But Michael Stumo vehemently¹⁵ disagrees.

STUMO: Boeing committed a fraud on the FAA, which caused for an unsafe plane. And that unsafe plane crashed and killed our daughter. It's pretty straightforward¹⁶.

SCHAPER: The deferred prosecution agreement is being sharply criticized by some unlikely political bedfellows, including Senators Richard Blumenthal, a Connecticut Democrat¹⁷, and Texas Republican Ted¹² Cruz, who wrote an amicus brief in support of the family's motion, saying in part that the Justice Department's position is simply nonsensical. And some legal experts agree.

ANKUSH KHARDORI: I would characterize the deal as one of the worst corporate¹⁸ criminal settlements in modern history, if not the worst. It's one of the worst.

SCHAPER: Kush Khardori is a former federal prosecutor⁵ who worked in the financial fraud section of the DOJ.

KHARDORI: The terms are inexplicable¹⁹ in their totality. There are provisions in there that have no precedent²⁰.

SCHAPER: Khardori says even though Boeing admits to a two-year criminal conspiracy to commit fraud, it's extremely unusual that the Justice Department would include a provision stating that the misconduct was not pervasive²¹ and did not involve senior management.

KHARDORI: The government usually does not, in the course of these investigations²², affirmatively exculpate²³ anyone.

SCHAPER: But Khardori says even if the judge finds that the families are crime victims and should have been consulted, it's not clear what legal remedy there would be.

David Schaper, NPR News.

1 deferred   

adj.延期的，缓召的v.拖延，延缓，推迟( defer的过去式和过去分词 )；服从某人的意愿，遵从

参考例句：

• The department deferred the decision for six months. 这个部门推迟了六个月才作决定。
• a tax-deferred savings plan 延税储蓄计划

2 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

5 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

6 rescinded   

v.废除，取消( rescind的过去式和过去分词 )

参考例句：

• Rescinded civil acts shall be null and void from the very beginning. 被撤销的民事行为从行为开始起无效。 来自互联网
• They accepted his advice and rescinded the original plan. 他们听从了他的劝告，撤销了原计划。 来自互联网

7 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

8 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

9 conspired   

密谋( conspire的过去式和过去分词 )； 搞阴谋； （事件等）巧合； 共同导致

参考例句：

• They conspired to bring about the meeting of the two people. 他们共同促成了两人的会面。
• Bad weather and car trouble conspired to ruin our vacation. 恶劣的气候连同汽车故障断送了我们的假日。

10 defraud   

vt.欺骗，欺诈

参考例句：

• He passed himself off as the managing director to defraud the bank.他假冒总经理的名义诈骗银行。
• He is implicated in the scheme to defraud the government.他卷入了这起欺骗政府的阴谋。

11 automated   

a.自动化的

参考例句：

• The entire manufacturing process has been automated. 整个生产过程已自动化。
• Automated Highway System (AHS) is recently regarded as one subsystem of Intelligent Transport System (ITS). 近年来自动公路系统(Automated Highway System,AHS)，作为智能运输系统的子系统之一越来越受到重视。

12 ted   

vt.翻晒，撒，撒开

参考例句：

• The invaders gut ted the village.侵略者把村中财物洗劫一空。
• She often teds the corn when it's sunny.天好的时候她就翻晒玉米。

13 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

14 conspiracy   

n.阴谋，密谋，共谋

参考例句：

• The men were found guilty of conspiracy to murder.这些人被裁决犯有阴谋杀人罪。
• He claimed that it was all a conspiracy against him.他声称这一切都是一场针对他的阴谋。

15 vehemently   

adv. 热烈地

参考例句：

• He argued with his wife so vehemently that he talked himself hoarse. 他和妻子争论得很激烈，以致讲话的声音都嘶哑了。
• Both women vehemently deny the charges against them. 两名妇女都激烈地否认了对她们的指控。

16 straightforward   

adj.正直的，坦率的；易懂的，简单的

参考例句：

• A straightforward talk is better than a flowery speech.巧言不如直说。
• I must insist on your giving me a straightforward answer.我一定要你给我一个直截了当的回答。

17 democrat   

n.民主主义者，民主人士；民主党党员

参考例句：

• The Democrat and the Public criticized each other.民主党人和共和党人互相攻击。
• About two years later,he was defeated by Democrat Jimmy Carter.大约两年后，他被民主党人杰米卡特击败。

18 corporate   

adj.共同的，全体的；公司的，企业的

参考例句：

• This is our corporate responsibility.这是我们共同的责任。
• His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。

19 inexplicable   

adj.无法解释的，难理解的

参考例句：

• It is now inexplicable how that development was misinterpreted.当时对这一事态发展的错误理解究竟是怎么产生的，现在已经无法说清楚了。
• There are many things which are inexplicable by science.有很多事科学还无法解释。

20 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

21 pervasive   

adj.普遍的；遍布的，(到处)弥漫的；渗透性的

参考例句：

• It is the most pervasive compound on earth.它是地球上最普遍的化合物。
• The adverse health effects of car exhaust are pervasive and difficult to measure.汽车尾气对人类健康所构成的有害影响是普遍的，并且难以估算。

22 investigations   

（正式的）调查( investigation的名词复数 )； 侦查； 科学研究； 学术研究

参考例句：

• His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。
• He often sent them out to make investigations. 他常常派他们出去作调查。

23 exculpate   

v.开脱，使无罪

参考例句：

• He exculpate himself from stealing the money.他自行辩白没有偷钱。
• He exculpate himself from a charge of theft.他辩白自己无盗窃嫌疑。