The U.S. Department of Justice announced Friday it has reached a non-prosecution agreement with Boeing, allowing the aerospace company to avoid a criminal trial over two deadly crashes involving its 737 Max aircraft, which killed 346 people, according to CNBC.
The deal, disclosed in a court filing, would prevent Boeing from being labeled a felon, just weeks before the company was scheduled to stand trial.
Federal prosecutors said the resolution delivers accountability and public benefit while sidestepping the risks and uncertainty of a lengthy court case.
This “is the Government’s judgment that the Agreement is a fair and just resolution that serves the public interest,” the DOJ said in the filing. “The Agreement guarantees further accountability and substantial benefits from Boeing immediately, while avoiding the uncertainty and litigation risk presented by proceeding to trial.”
Boeing told KIRO 7 News they do not have a comment on this settlement.
The crashes — a Lion Air flight in October 2018 and an Ethiopian Airlines flight in March 2019 — led to a global grounding of the 737 Max for nearly two years.
The incidents severely damaged Boeing’s reputation and gave competitor Airbus a post-pandemic advantage.
Families of crash victims have long criticized previous settlements as lenient and have pushed for company executives to face criminal accountability.
Several met with Justice Department officials last week as the new agreement was being finalized.
The latest deal follows a string of legal developments tied to Boeing’s handling of the Max program.
In 2021, near the end of the Trump administration, Boeing reached a deferred prosecution agreement that included a $2.5 billion settlement: $243.6 million in criminal penalties, $500 million for victims’ families, and $1.77 billion in compensation to airline customers.
That agreement was due to expire in January 2024 — two days after a door panel detached from a nearly new 737 Max 9 operated by Alaska Airlines.
Investigators found the plane left Boeing’s factory without key bolts installed.
Following that incident, federal prosecutors accused Boeing of violating the 2021 settlement by failing to implement the required compliance and ethics programs to prevent fraud.
Last year, the company agreed to plead guilty to a criminal fraud charge in a new proposed plea deal, which would have carried a fine of up to $487.2 million.
However, a federal judge rejected the deal, citing concerns over how a corporate monitor would be selected, including diversity, equity, and inclusion criteria.
Prosecutors originally accused Boeing of conspiring to defraud the Federal Aviation Administration by hiding the existence of a flight control system, MCAS, which contributed to the crashes.
A DOJ official at the time said Boeing employees “chose the path of profit over candor.”
Internal communications revealed during investigations showed a former Boeing chief technical pilot boasted about deceiving regulators — at one point referring to “jedi-mind tricking” them.
That pilot, Mark Forkner, was later acquitted of fraud charges in 2022.
Victims’ families and their attorneys continue to criticize the DOJ’s handling of Boeing’s case.
They argue the company is receiving special treatment despite serious allegations and recent multi-billion-dollar military contracts, including one to build the U.S. Air Force’s next-generation fighter jet.
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