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Judge Approves DOJ’s Motion to Drop Case Against Boeing

A federal judge has signed off on the U.S. Justice Department’s request to drop its criminal case against Boeing in connection with two fatal 737 Max crashes.

Judge Reed O’Connor said Thursday that while he disagrees with the DOJ’s argument that dismissing the case is in the public interest, he does not have the power to overturn the department’s decision. The government’s non-prosecution agreement (NPA) with Boeing, first announced in May, “fails to secure the necessary accountability to ensure the safety of the flying public,” O’Connor added, according to Reuters.

O’Connor’s ruling put to rest speculation that he could reject the Justice Department’s request and force Boeing into a trial. He took longer to decide the case than expected and occasionally raised concerns about the details of the NPA, including the government’s decision not to seek an independent monitor to oversee Boeing’s operations.

In September, he heard testimony from relatives of those killed in the crashes, some of whom traveled from as far away as France to speak at the federal courthouse in Fort Worth, Texas. Many asked O’Connor not to approve the non-prosecution deal.

In his ruling, the judge said the families were “correct” about the agreement’s inadequacies.

Ethiopian 737 Max
An Ethiopian 737 Max 8 sits on the tarmac. [Credit: AirlineGeeks/William Dickerson]

A combined 346 people were killed in the crashes of Lion Air Flight 610 in 2018 and Ethiopian Airlines Flight 302 in 2019. Both operated with a 737 Max.

The accidents triggered a worldwide grounding of the type and an investigation into the FAA’s certification process.

The criminal case against Boeing began in 2021, when the Justice Department under then-President Joe Biden filed charges. Prosecutors accused the company of deceiving FAA investigators about details of a flight stabilization feature on the 737 Max, known as the maneuvering characteristics augmentation system (MCAS). The system played a key role in both crashes.

With the change in presidential administrations earlier this year, the DOJ halted the case and reached a settlement with Boeing that would avoid a criminal trial. The deal drew criticism from elected Democrats, who alleged that President Donald Trump was quietly walking back cases against large corporations that the government could and should pursue.

NPA Penalties

As part of the non-prosecution agreement, Boeing will have to admit to engaging in a conspiracy to obstruct a lawful FAA investigation and pay a total of $1.1 billion. Of that amount, $482 million would be a criminal penalty and $444.5 million would go to a beneficiary fund for the relatives of the crash victims, which Boeing has already paid $500 million into as part of an earlier agreement.

The company must also agree to invest hundreds of millions of dollars into its quality, compliance, and safety programs.

Boeing’s 737 MAX 10 at Boeing Field.
Boeing’s 737 Max 10 at Boeing Field. [Credit: AirlineGeeks/Katie Zera]

FAA oversight of Boeing’s facilities, implemented last year after a 737 Max door plug blew out on an Alaska Airlines flight, would continue, as would the company’s cooperation with an independent compliance consultant.

Boeing’s board of directors will also have to meet with the family members of victims to hear their concerns about the company’s conduct.

A number of the relatives have sued Boeing in civil court. CNBC reported Thursday that the manufacturer settled three of those lawsuits this week, just as jury selection was getting underway at a federal court in Chicago.

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