Boeing is on the verge of securing a tentative nonprosecution agreement with the U.S. Department of Justice (DOJ), potentially sidestepping a criminal trial tied to two deadly 737 MAX crashes that claimed 346 lives, according to sources familiar with the negotiations.
The proposed arrangement would avert the trial currently scheduled for June 23, in which Boeing faces allegations of deceiving U.S. aviation regulators regarding a critical flight control system aboard its flagship 737 MAX aircraft. The deal is pending judicial approval.
If finalized, the agreement would spare Boeing from a criminal conviction—specifically, being labeled a felon—over the tragedies in 2018 and 2019. This prospect has angered families of the victims, who have pushed vigorously for the DOJ to prosecute the aerospace giant in court.
Sources say prosecutors informed families during a recent meeting that Boeing is no longer willing to plead guilty. This marks a shift in stance following a judge’s December rejection of an earlier plea deal, which included contentious provisions about selecting an independent monitor.
While DOJ officials have not reached a conclusive decision, they indicated they are still evaluating whether to move forward with a nonprosecution agreement or proceed with a full trial. Negotiations over the agreement's final terms have yet to begin formally.
Neither Boeing nor the DOJ offered immediate comments on the matter.
Paul Cassell, an attorney representing crash victims' families, criticized the DOJ’s direction, alleging that officials seemed determined to let Boeing off lightly. “They made it clear Boeing would face no real accountability for its deadly deception,” he said.
Another lawyer for the families, Erin Applebaum, called the DOJ’s presentation “scripted” and claimed it gave the impression that the outcome had already been predetermined.
As part of the possible agreement, the DOJ has proposed Boeing pay an additional $444.5 million to a fund for victims’ families, adding to the $500 million previously disbursed in 2021. The new compensation would be equally divided among all crash victims, lawyers stated.
Nadia Milleron, whose daughter died in the 2019 Ethiopian crash, questioned the DOJ’s rationale for negotiating with a company she labeled a repeat offender.
In December, U.S. District Judge Reed O’Connor blocked the earlier plea deal, criticizing its inclusion of a diversity clause tied to the monitor’s appointment. Judge O’Connor previously described Boeing’s conduct as possibly “the deadliest corporate crime in U.S. history.”
Boeing has been under tighter scrutiny from the Federal Aviation Administration (FAA) since a January 2024 incident in which a 737 MAX 9 lost a door plug mid-flight due to missing bolts. The FAA has since capped the aircraft’s monthly production at 38 units.
Despite the ongoing legal turmoil, Boeing secured a major win on Wednesday. CEO Kelly Ortberg appeared alongside former President Donald Trump in Qatar to announce a blockbuster deal with Qatar Airways for 160 widebody aircraft—the company’s largest such order to date.
The case’s momentum shifted when Judge O’Connor rejected the earlier plea bargain, carrying the issue into the Trump administration’s tenure, which has since brought changes to DOJ leadership. Boeing originally agreed to plead guilty to fraud conspiracy in July, with fines potentially reaching $487.2 million.