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    DOJ, Boeing Reach Non-Prosecution Agreement as 737 MAX Trial Nears

    DOJ to Drop Charges Pending Final Agreement, But Court Must Weigh Victims’ Rights

    Key Points:
    • The DOJ has reached a non-prosecution agreement with Boeing ahead of its June 23, 2025 trial date in Fort Worth, Texas.
    • Victims of the 737 MAX crashes were consulted but continue to raise concerns about justice and transparency.
    • Boeing originally faced one count of conspiracy to defraud the FAA, linked to the MCAS system flaws.
    • The previous Deferred Prosecution Agreement (DPA) was breached, triggering renewed criminal proceedings.
    • The case remains under the Crime Victims’ Rights Act (CVRA), requiring ongoing court oversight of victims’ rights.

    In a major development ahead of Boeing’s long-anticipated criminal trial, the U.S. Department of Justice (DOJ) has informed the Northern District of Texas that it has reached a non-prosecution agreement in principle with The Boeing Company. The agreement, once finalized, could lead to the dismissal of the pending criminal charge of conspiracy to defraud the United States—specifically the Federal Aviation Administration (FAA)—in relation to the deadly Boeing 737 MAX crashes.

    Judge Reed O’Connor has kept the case on track for trial on June 23, 2025, while the DOJ expects to formally file its motion to dismiss the criminal information by May 30, 2025. However, the court is still bound by the Crime Victims’ Rights Act (CVRA), and must weigh victim input during any dismissal motion, as clarified by the Fifth Circuit.

    “The court will expect to see the prosecutor recount that the victim has been consulted on the dismissal and what the victim’s views were on the matter,” — Fifth Circuit ruling, quoted by DOJ

    Initially, in January 2021, Boeing was charged with a single count of conspiracy under 18 U.S.C. § 371 for deceiving the FAA Aircraft Evaluation Group about the capabilities of the MCAS flight control software, according to the DOJ press release. The DOJ and Boeing entered a Deferred Prosecution Agreement (DPA), which required Boeing to pay over $2.5 billion in penalties and compensation. It included $500 million for the families of the 346 victims from the 2018 Lion Air Flight 610 and 2019 Ethiopian Airlines Flight 302 disasters.

    Despite these efforts, the DOJ determined in May 2024 that Boeing had violated the DPA by failing to fully implement an internal compliance program, as required. Consequently, the government reinitiated proceedings that could have led to prosecution. The plea deal initially proposed in July 2024 was rejected by the court in December 2024, citing public interest concerns.

    As part of the CVRA framework, families of crash victims have a legal right to be informed, heard, and respected during all court proceedings. A DOJ status report filed on May 17, 2025 notes that the government held a virtual consultation with victim representatives. While some victims remain hopeful for full accountability, others expressed dissatisfaction with the limited scope of legal repercussions Boeing faces.

    Currently, Boeing maintains its plea of “not guilty” and remains under restrictions from committing further violations. Meanwhile, the trial date remains in place unless the court accepts the DOJ’s motion to dismiss the case, which will require judicial acknowledgment of victims’ rights and their responses to the proposed agreement.

    The case continues to unfold in Fort Worth’s federal court and is being jointly prosecuted by the DOJ’s Criminal Division, Fraud Section, and the U.S. Attorney’s Office for the Northern District of Texas. The final written non-prosecution agreement is expected to be released within the week.

    For victims and family members seeking information or asserting their legal rights, the Department of Justice has advised contacting the Victim/Witness Coordinator listed in the court documents or visiting the DOJ’s crime victims rights portal.


    (With inputs from the U.S. Department of Justice, U.S. District Court for the Northern District of Texas, and Fifth Circuit Court documents)

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