A motion was filed late on Wednesday, June 18, 2025, on behalf of 15 families who lost loved ones in two Boeing crashes six years ago asking a federal court judge to reject the U.S. Department of Justice (DOJ) agreement it reached with Boeing not to prosecute the aircraft manufacturer for criminal fraud.
June 18’s brief from 15 families objecting to the non-prosecution agreement (NPA) argues that the DOJ is violating the judicial review provisions of the federal rules by preemptively agreeing not to prosecute Boeing even before U.S. District Court Judge Reed O’Connor in Texas, who is hearing the matter, has ruled on the previous motion to dismiss.
The DOJ filed a motion to dismiss the criminal fraud matter against Boeing, but, instead, did an about-face and told the families it filed a NPA in federal district court in Texas that it does not intend to proceed with a criminal fraud trial against the aircraft manufacturer regarding two crashes of the 737 MAX8 aircraft six years ago killing 346 people.
The motion, filed by the families argues, in part, that “the Government and Boeing have already decided that they won’t even wait for the Court’s ruling on the pending dismissal motion. In an extraordinary provision in the non-prosecution agreement (NPA) connected to the motion to dismiss, the Government has contractually obligated itself not to further prosecute Boeing, regardless of how the Court rules. This unprecedented effort to short-circuit Rule 48(a)’s judicial review requirement should lead the Court to void that provision as contrary to public policy and deny the motion to dismiss.”
Families, who were found to be crime victims under the federal Crime Victims’ Rights Act, are represented by pro bono lawyer, Paul Cassell, professor of the S.J. Quinney College of Law at the University of Utah, who filed the motion objecting to the DOJ’s latest filing.
Cassell also argues that the strategy by the Justice Department sets a “dangerous precedent” because it means that in all future federal criminals cases involving dismissal, the Justice Department will just sign an agreement with the defendants not to prosecute – making the requirement that judges approve a dismissal motion. The brief also argues that the NPA with Boeing does not approve for appropriate safety monitoring of Boeing and that it fails to reflect the fact that Boeing criminally caused the deaths of the crash victims.
“The proposed plea deal is not only deceptive but morally reprehensible because it fails to hold Boeing accountable for killing 346 people,” Cassell said. “A judge can reject a dismissal that is not in the public interest, and this misleading and unfair deal is clearly against the public interest. The families ask Judge O’Connor to use his recognized authority to reject this inappropriate deal and airbrushed factual account of what happened.”
In January 2021, DOJ charged Boeing with conspiracy to defraud the FAA and it’s certification of the defective MAX8 plane and reached a deferred prosecution deal with Boeing. Judge O’Connor has previously ruled that Boeing’s crime caused the deaths of 346 victims in the two deadly crashes and that the families are victims under the federal Crime Victims’ Rights Act. The families argue that the judge should reject the proposed non-prosecution agreement and set the case for trial in June. That trial date was vacated.
Also, in May 2024, the DOJ found that Boeing breached the deferred prosecution agreement deal by not putting in place appropriate corporate compliance and safety measures. In July 2024, DOJ and Boeing reached a guilty plea deal. The families objected and, in December 2024, Judge O’Connor of the Northern District of Texas rejected the plea.
Last month, DOJ and Boeing instead announced a new NPA under which Boeing would pay an additional $243.6 million as a penalty, pay an additional $444.5 million to the families, and make additional investments in safety. In exchange, DOJ agreed to dismiss the criminal charges against Boeing. The motion filed June 18, 2025. objects to this latest deal.
Since Feb. 6, families have been asking for a meeting with U.S. Attorney General Pam Bondi before the DOJ made a final decision, but they have not heard back from her to date. Boeing’s CEO and its lawyer admitted to the fraud in a guilty plea months ago.
For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or email at Pammenaker@cliffordlaw.com.