Boeing Killed 346 People. So Why Did They Get a Sweetheart Deal?
Added 2024-04-02 09:35:17 +0000 UTCMost criminal defendants can't kill 346 people and expect to get off with a light fine and three years of probation, but most criminal defendants are not The Boeing Company. In today's show, we examine the differences between different kinds of pretrial diversion agreements and why the best ones are reserved for ultra-wealthy defendants like Boeing and Jeffrey Epstein.
We then take a closer look at the DOJ's routine use of deferred prosecution agreements to help our nation's most valued citizens (corporations) avoid the unpleasant inconvenience of facing actual consequences of their actions (killing people), with a special focus on the NPA which recently resolved Boeing's recent deadly fraud involving its 737 MAX.
1. Boeing Deferred Prosecution Agreement (1/7/2021)
2. "Nosedive: Boeing and the Corruption of the Deferred Prosecution Agreement," Prof. John C. Coffee (6/6/2022)
3. "Why Boeing pilot Forkner was acquitted in the 737 MAX prosecution,"| The Seattle Times (3/25/22)
4. "Blowing the Door Off Boeing’s ‘Epstein Deal’" - The American Prospect (2/9/24)
5. Fifth Circuit order dated 12/15/23 from In re Ryan et al confirming that courts have no authority to review a DPA and that families will have to wait to oppose any future motion to dismiss
Comments
This is my first episode I've listened to since you are back and Matt joined and I have to say, I rejoined Patreon immediately because it is SO good. Matt is fantastic as the lawyer. I was always a fan of Thomas on SIO before OA, and had always enjoyed OA but it is now so much more the podcast I want. Matt's dry humour is the icing on top. I am so excited to start listening regularly once more. You guys seem a lot more comfortable to me than Andrew and Thomas, so I also just like that. It feels more of a conversation between people who are pretty well aligned. These days I cant stomach persistent optimism in the face of brutality....it is nice to hear clear minded, firm takes about how serious things are.
Jess C
2024-04-10 20:09:08 +0000 UTCWith the amount of discovery material In these complex corporate cases, I wonder if you could train an AI LLM with all the material and ask it to find the relevant documentation that you might need. While I'm sure you couldn't rely on output from the AI, it could hopefully point you to the source material it used for its conclusions.
FlocktimusPrime
2024-04-03 14:47:26 +0000 UTCI like Thomas’s idea to put an ankle monitor on a Boeing plane. After all, a jet is a flight risk!
Emma Joy Jampole
2024-04-02 22:26:41 +0000 UTCInteresting point on Alford pleas. Most jurisdictions require the state to "demonstrate a strong factual basis for the plea" see Commonwealth v. DelVerde, 398 Mass. 288, 297 (Mass. 1986) However, a few jurisdictions including Colorado, can accept a guilty plea where there is no evidence that the defendant is guilty. There is currently a petition pending cert grant at SCOTUS now on this very issue (I think it is likely the Court is going to grant cert) The petition is at docket number 23-618, Medina v. Colorado Link: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-618.html
Shad Riley
2024-04-02 20:45:21 +0000 UTCFarm to Needle
Skiff
2024-04-02 20:41:01 +0000 UTCexcellent episode, folks! great counterpoint to the individual plea agreement one with a recent example. it's wild how brazen it all is really.
lauren
2024-04-02 19:54:02 +0000 UTCMatt's got a real Leslie Nielsen deadpan delivery. Easy to miss but all the more hilarious when you catch it.
Gmork
2024-04-02 14:55:41 +0000 UTCI'm glad I wasn't the only one that caught it. It was too good to get as little notice as it got.
Despairing Radical
2024-04-02 14:29:47 +0000 UTCTell me your parents are rich or powerful without telling me your parents are rich or powerful: "I was on pre-trial probation"
Drew Vogel
2024-04-02 13:45:03 +0000 UTC"Farm to arm" ?! 😜
Gmork
2024-04-02 12:33:09 +0000 UTC
