Will Boeing Get Off Scot-Free Over Fatal 737 MAX Crashes?

‍DALLAS — According to multiple reports, the U.S. Department of Justice (DOJ) is strongly considering dropping criminal charges against Boeing concerning two fatal 737 MAX crashes that killed 346 people. 

During a virtual meeting on Friday, May 16, 2025, DOJ officials informed families of the crash victims that they are contemplating a non-prosecution agreement instead of proceeding with the criminal case that had been scheduled for trial next month. 

This potential agreement would effectively allow Boeing to avoid entering a guilty plea despite previously agreeing to do so last year.

Details of the Proposed Non-Prosecution Agreement

The DOJ's Criminal Division held a "conferral session" with victims' families on Friday morning, May 16, 2025, outlining its consideration of a non-criminal settlement with Boeing. According to attorneys representing the families, Boeing has withdrawn its previous commitment to plead guilty to defrauding the Federal Aviation Administration (FAA) in manufacturing the defective 737 MAX aircraft. This retraction appears to influence the Justice Department's decision to abandon criminal charges against the aerospace giant.

Under the tentative agreement being considered, Boeing would contribute an additional US$444.5 million to a fund designated for crash victims, distributed equally among those affected. This would be in addition to the US$500 million Boeing had already paid in 2021 as part of an earlier settlement. The new arrangement would effectively prevent a trial scheduled for June 23, where Boeing stands accused of misleading U.S. regulators about an essential flight control mechanism on its bestselling aircraft.

If approved, this non-prosecution agreement would spare Boeing from being labeled a convicted felon for the crashes in 2018 and 2019. Justice Department representatives indicated during Friday's meeting that while they are deliberating whether to pursue this agreement or move forward with a trial, no definitive decision has yet been reached, and no documents have been exchanged regarding final terms.

Background on the Boeing Case

The criminal case against Boeing stems from two fatal crashes involving its 737 MAX aircraft—Lion Air (JT) Flight 610 in October 2018 and Ethiopian Airlines (ET) Flight 302 in March 2019, which resulted in the deaths of 346 people. These tragedies led to allegations that Boeing had misled the FAA during the initial certification process of the MAX jets.

During the initial Trump administration, Boeing had struck a deal with federal prosecutors that provided immunity from criminal charges in exchange for financial penalties and adherence to specific conditions over three years. However, in May 2024, the Justice Department under the Biden administration concluded that Boeing had violated this agreement. 

Subsequently, Boeing agreed to plead guilty to one fraud count, pay potential fines of up to US$487.2 million, invest US$455 million in enhancing safety and compliance programs, and accept oversight from an independent monitor for three years.

This plea agreement was finalized in July 2024. Still, it was rejected in December by U.S. District Court Judge Reed O'Connor from the Northern District of Texas, who raised concerns about the selection process for the independent monitor. Judge O'Connor, who had previously stated that "Boeing's crime may rightfully be viewed as the deadliest corporate crime in U.S. history," subsequently scheduled a trial date for June 23, 2025.

The 737 MAX Design Issues

The criminal case centered on the design of the 737 MAX, an updated version of Boeing's successful single-aisle aircraft. During the 2010s, Boeing was eager to launch this aircraft to compete with European rival Airbus.

The automated system implicated in the crashes was designed to lower the jet's nose under specific conditions necessary due to installing new, larger engines on the MAX.

Prosecutors have asserted that Boeing's technical pilots withheld crucial information from an FAA oversight office, indicating that this automated system could activate under a broader range of conditions than disclosed. This led to its exclusion from safety reports.

As a result, airline pilots worldwide did not receive the necessary training on the system, leaving them unfamiliar with its functionality when emergencies occurred.

Reaction from Victims' Families and Attorneys

The news that Boeing might escape criminal prosecution provoked outrage among the crash victims' families and legal representatives. Paul Cassell, an attorney for numerous families and a professor of criminal law at the University of Utah, stated that the DOJ "conveyed their preconceived idea that Boeing should be allowed to escape any real consequences for its deadly lies.” He further characterized the DOJ meeting as not truly conferring but merely communicating a predetermined outcome.

Attorneys for the families have vowed to contest this decision in court, describing it as "morally repugnant" and "a slap on the wrist.” At Friday's meeting, Erin Applebaum, representing some family members, remarked that the DOJ's "scripted presentation made it evident that the outcome has already been predetermined.” Robert Clifford, lead attorney in a civil lawsuit against Boeing in federal court in Chicago, expressed his discontent, stating, "We find this arrangement offensive, and we plan to contest it.”

Nadia Miller, who lost her daughter in one of the 2019 crashes, questioned how the DOJ and Attorney General Pam Bondi could rationalize making a deal with what she characterized as a repeat offender. The families' attorneys have indicated that if the Department moves to dismiss the case, they will "strenuously object before Judge O'Connor," arguing that dismissing the case would "dishonor the memories of 346 victims, who Boeing killed through its callous lies.”

Political Context, Timing

The timing of this potential non-prosecution agreement is notable, as it follows a transition in administrations. Boeing agreed upon the initial plea deal during the final months of the Biden administration, but Judge O'Connor's rejection of this agreement extended the case into the new Trump administration, which has restructured the Justice Department.

The consideration of dropping criminal charges comes just days after Boeing's CEO, Kelly Ortberg, joined POTUS in Qatar to announce that the company had secured its largest deal for widebody aircraft. Qatar Airways (QR) placed firm orders for 160 jetliners during POTUS's visit to the Gulf nation. This timing has added another dimension to the potential non-prosecution agreement controversy.

Additionally, since January 2024, Boeing has been under increased scrutiny from the FAA following a mid-air emergency involving a MAX 9 that was missing four critical bolts. This incident reignited concerns about Boeing's manufacturing processes and safety protocols, limiting the company's production to 38 aircraft per month.

Conclusion

According to the various reports back-linked in this post, it would appear highly likely that the U.S. Department of Justice is considering a non-prosecution agreement with Boeing that would allow the company to avoid pleading guilty concerning the two fatal 737 MAX crashes. Families of the victims were explicitly informed of this possibility during a virtual meeting this week, prompting significant backlash from both the families and their legal representatives.

While DOJ officials have indicated that a final decision has not yet been reached, multiple sources suggest that the department is leaning toward abandoning the criminal prosecution in favor of a settlement that would include additional financial compensation for victims' families but spare Boeing from a felony conviction. 

This potential outcome represents a significant shift from the previous agreement in which Boeing had consented to plead guilty and raises important questions about corporate accountability in cases involving public safety and loss of life.

Stay tuned to Airways for further developments.