On May 16, 2025, families of the 346 victims killed in the Boeing 737 MAX 8 crashes were informed by the US Department of Justice (DOJ) that it may drop all criminal charges against Boeing concerning two fatal accidents involving the type in 2018 and 2019. The relatives of those who died in the accident were advised that the DOJ will instead offer the US planemaker a non-prosecution agreement (NPA).
Reaching an NPA in the case would avoid Boeing having to admit to any criminal liability, sparing the company from having a criminal record which could have serious commercial ramifications for the company going forward.
The move follows Boeing saying it was considering withdrawing from an earlier agreement reached with prosecutors to plead guilty to defrauding the FAA. The move for the parties to reach an NPA would avoid a trial over the criminal fraud charge that is due to begin on June 23, 2025, after a judge rejected an earlier settlement in which Boeing had agreed to plead guilty.
The trial was to involve the question of liability over the accidents involving an Ethiopian Airlines Boeing 737 MAX 8 in March 2019, plus a Lion Air MAX 8 in October 2018. Boeing’s then-new MCAS (Maneuvering Characteristics Augmentation System) flight stabilizing software was implicated in both accidents, in which 346 people died.
NTSB investigators concluded that the MCAS software installed on these two aircraft (as well as all other MAX series aircraft) was faulty and contained errors, leading to the two airliners stalling and the crew being unable to regain control. However, Boeing failed to disclose this fact in the initial stages of the investigations. The DOJ subsequently accused Boeing of deliberately concealing vital information about the system from regulators, charging the firm with fraud.
The entire 737 MAX fleet was grounded for more than 20 months as a consequence of these two accidents, while investigations were carried out and conclusions reached. Boeing later revised its MCAS software under close scrutiny from the Federal Aviation Administration (FAA), which ultimately cleared the MAX family of narrowbodies to resume commercial services in November 2020.
The news from the DOJ has sparked a vociferous backlash from MAX crash victims’ families and their lawyers. The parties have collectively accused the DOJ of prioritising Boeing’s interests over justice. Additionally, they have been critical of the potential NPA, which includes a proposed $444.5 million victims’ fund, calling any such deal a “slap on the wrist” and “morally indefensible”, particularly that Boeing had previously admitted its guilt over the two accidents.
Deep concerns voiced
Since the potential of an NPA came to light, attorneys acting on behalf of the victim’s families have voiced their deep concerns over the matter. Seeing that the NPA may be a move by the DOJ of the ignominy of potentially losing the case should it go to full trial, the legal representatives have stated that the families would still rather “have their day in court” and see Boeing executives in the dock over the mass loss of life in the two MAX crashes.
Additionally, they state that the parties reaching an NPA would be perceived by many as a betrayal of public interest. Adding to the calls for justice to be served at a court hearing, several sets of relatives have publicly voiced their feelings pf expressed feeling re-victimised by the DOJ’s handling of the case and have vowed to fight the proposal of an NPA before the judge overseeing the case in Texas.
The DOJ has put a final decision on temporary hold for the time being, allowing the families of victims to file their written objections to the NPA with the authorities.
As reported by the BBC, Erin Applebaum, a partner at law firm Kreindler and Kreindler, which represents 34 families of those killed in the Ethiopian crash, said, “While the DOJ claims no final decision has been made, their scripted presentation made it clear that the outcome has already been decided. Boeing has never stood trial for the 346 lives lost due to its admitted crimes. Now, DOJ is prepared to let the company walk away, again, with no more than a financial penalty,” she added.
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