DOJ Reaches Non-Prosecution Deal with Boeing Over 737 Max Crashes

On Friday May 23rd, the U.S. Department of Justice (DOJ) announced a non-prosecution agreement with Boeing, allowing the company to avoid a criminal trial related to two fatal crashes involving its 737 Max aircraft. Under the deal, Boeing will pay a $1.1 billion fine, acknowledge wrongdoing, and implement strengthened compliance measures.

The crashes, which occurred in 2018 and 2019 and involved Ethiopian Airlines and Lion Air flights, resulted in the deaths of 346 people. Investigations revealed issues with the aircraft’s flight control systems and led to a nearly two-year global grounding of the 737 Max.

As part of the agreement, Boeing admitted to obstructing the Federal Aviation Administration (FAA) during the aircraft certification process. The company will be required to maintain an anti-fraud compliance program and accept oversight from an independent monitor. The DOJ stated that the resolution holds Boeing accountable while avoiding the delays and uncertainties of a trial.

Victims’ families have criticized the agreement. Attorneys representing those affected argued that the resolution is inadequate. Paul Cassell, representing several families, called the deal “unprecedented” and announced plans to ask the court to reject it. Another attorney, Robert Clifford, described it as a “sweetheart deal.”

The DOJ reopened the case following a January 2024 incident involving an Alaska Airlines 737 Max 9, which, despite being non-fatal, raised concerns about Boeing’s compliance with a 2021 deferred prosecution agreement.

The court must still approve the new agreement. Previously, a federal judge rejected a plea deal due to disputes over the selection of an independent monitor.

Additional information on aviation safety and legal penalties can be found through the FAA and the U.S. Sentencing Commission.