This morning (Friday, May 16, 2025), many family members who lost 346 loved ones in two Boeing crashes of 737 MAX8 planes six years ago expressed disgust and shock via the internet with U.S. Department of Justice Criminal Division lawyers who expressed their intent on dropping all criminal charges against the company. The lawyers for the victims’ families learned during this morning’s meeting that Boeing is withdrawing its previous commitment to plead guilty to defrauding the Federal Aviation Administration in its manufacture of the defective 737 MAX8 jet.
During the morning meeting, the family members also learned for the first time that the Department apparently intends to back down from any criminal prosecution against the giant aircraft manufacturer for what has been called “the deadliest crime in U.S history.” Instead, the Department is apparently considering dismissing the criminal case pending before U.S. District Court Judge Reed O’Connor in Texas and substituting a non-prosecution agreement (NPA). Family members expressed outrage at the Department’s latest proposal and promised to fight the maneuver.
Paul Cassell, attorney for many of the families in this case and professor of criminal law at the S.J. Quinney College of Law at the University of Utah, said of the May 16 meeting with the Department, “Today the Justice Department’s Criminal Division held a ‘conferral session’ but didn’t truly confer at all. Instead, they conveyed their preconceived idea that Boeing should be allowed to escape any real consequences for its deadly lies. We hope that this bizarre plan will be rejected by the leadership of the Department. If not—and if the Department moves to dismiss the case — we will strenuously object before Judge O’Connor. Dismissing the case would dishonor the memories of 346 victims who Boeing killed through its callous lies. We will be asking Judge O’Connor to use his recognized authority under federal law to reject any proposal like this, which would be clearly contrary to the public interest.”
Cassell told the DOJ that with a signed confession of guilt by Boeing’s CEO and its lawyers, the DOJ’s new proposal today amounts to a “pretextual proposal.”
Although the DOJ spokesperson, Lorinda Laryea, the Acting Chief of its Criminal Fraud Division, said a final decision hasn’t been made, Cassell told the group that this decision is a “prearranged conclusion” that “clearly is not in the public’s best interest.”
Robert A. Clifford, Lead Counsel in the civil litigation currently pending in federal district court in Chicago, took issue that there is “litigation risk” that the DOJ professed when there is a confession of guilt. “They can’t just walk back from that,” he said. “These are facts that they agreed to. You have all the facts you need to prosecute this case. These families are willing to take the risks that their government apparently is unwilling to take to hold these criminals responsible.” Clifford said during the meeting. “We are offended by this deal, and we will challenge this.”
Laryea said that Boeing would be asked to pay an additional $444.5 million into a crash victims’ fund that would be divided evenly per crash victim. Sanjiv Singh, who represents 16 victims’ families in the first Boeing 737 Max8 crash, said, “We view the current tentative NPA effectively as a “slap on the wrist” dismissal equivalent, and as such I find it appalling and morally repugnant that this is even a consideration. I am also appalled by the DOJ’s professed fear of losing at trial against Boeing. In what Alice in Wonderland world does Boeing win at trial given the facts we know.”
Chris Moore of Canada, who lost his 24-year-old daughter Danielle in the second crash, said, “This isn’t about money. You have no humanity. It’s about justice.” Victims in the second crash were from 35 countries.
Family members were vehement in their expression of disgust and anger in telling the DOJ they would rather see the government take Boeing to trial and lose than allow the company to walk away with an NPA. Paul Kiernan of Ireland, who lost his partner Joanna Toole in the 2019 crash in Ethiopia, said during the morning conferral session that if there is another crash but no trial holding Boeing accountable, then the family members “become compliant in the next crash and you guys didn’t do your job.” Over and over, family members said they are not interested in a money settlement. It is justice they seek. Family members said they felt victimized again by the plan the DOJ proposed. All family members and lawyers who spoke on the call were opposed to the dismissal of the charges against Boeing.
Cassell asked the DOJ if he could have until next Friday to submit additional written arguments against this proposal, explaining the families’ position on this matter, and to reject this proposed non-prosecution deal. The DOJ responded that it would get back to the families.
For further information, contact Clifford Law Offices Communications Partners Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.