U.S. Judge Dismisses Criminal Charge Against Boeing in 737 MAX Case After $1.1B DOJ Deal — Families Plan Appeal

Judge dismisses criminal charge against Boeing under DOJ agreement

A U.S. federal judge on Thursday ordered the dismissal of criminal charges against Boeing related to the fatal crashes of two 737 MAX 8 jets, implementing a May 23 agreement between the Department of Justice (DoJ) and the company.

Judge Reed O'Connor's order follows the DoJ's settlement with Boeing to resolve prosecutions tied to the Lion Air crash in 2018 and the Ethiopian Airlines crash in 2019, which together claimed 346 lives.

Key terms of the agreement

Under the deal, described in court filings as a "non-prosecution agreement," Boeing will pay approximately $1.1 billion and avoid a criminal trial that had been scheduled for June in Fort Worth, Texas. The filing lists the components as:

• $244 million in fines,
• $445 million placed into a compensation fund for victims' families, and
• $455 million earmarked to strengthen Boeing's safety, quality and compliance programs.

The agreement resolves the government's charge of "conspiracy to defraud the United States" over aspects of the MAX certification without requiring Boeing to plead guilty — a conviction that could have jeopardized the company's eligibility for U.S. government contracts.

Reactions and next steps

In a statement, Boeing said it was "deeply sorry" for the crashes and pointed to flaws in the Maneuvering Characteristics Augmentation System (MCAS) — the flight-control system implicated in both accidents. The company added: "We are committed to honoring the obligations of our agreement with the Department of Justice. We are also committed to continuing the significant efforts we have made as a company to strengthen our safety, quality, and compliance programs."

Judge O'Connor wrote that he disagrees with the government's position that dismissing the case is in the public interest, but concluded he lacked the authority to prevent the dismissal.

Several family members of the victims oppose the deal. Attorney Paul Cassell, a former federal judge representing some relatives pro bono, said he would quickly seek review in the Fifth Circuit to try to overturn the dismissal and protect families' rights.

The DoJ acknowledged families were divided: some opposed dropping charges, while others preferred to avoid protracted litigation. The department said the agreement provides finality for victims and compels Boeing to act now.

Background

The case has its roots in a January 2021 DoJ settlement in which Boeing resolved allegations that it had misled the Federal Aviation Administration during MAX certification; that agreement included a three-year probation. In May 2024 the DoJ concluded Boeing had breached the 2021 accord after subsequent safety lapses. Boeing agreed in July 2024 to plead guilty to a conspiracy charge, but in December 2024 Judge O'Connor rejected a proposed settlement that would have formalized that plea.

Separate civil litigation continues: Boeing has settled numerous suits but still faces a small group of civil claims. This week a federal court in Chicago began hearing one family's claim for financial damages.

Why it matters

The dismissal under a non-prosecution agreement closes a major criminal avenue of accountability while compelling Boeing to provide funds for victims and invest in safety improvements — but it leaves unresolved questions for families and regulators about accountability, corporate culture and long-term aviation safety reforms.