Families who lost loved ones in the 2019 crash of a Boeing 737 MAX8 jet will be speaking to a federal judge in Fort Worth, Texas, in opposition to the new U.S. Department of Justice (DOJ) non-prosecution agreement (NPA) it has reached with the aircraft manufacturer.
The families intend to tell U.S. District Court Judge Reed O’Connor next Wednesday, September 3, 2025, that the new NPA violates the judicial review provisions of the federal rules by preemptively agreeing not to prosecute Boeing even before Judge O’Connor has ruled on the previous NPA motion to dismiss. Family members are traveling from as far away as France, Ireland, and Canada to ask the judge to reject the DOJ agreement it reached with Boeing not to prosecute the aircraft manufacturer for criminal fraud.
Chris and Clariss Moore of Toronto, who lost their daughter Danielle, 24, in the crash, intend to attend the hearing with their son David. Chris said, “Whereas the deferred prosecution agreement and the subsequent ludicrous plea bargain were sweetheart deals for a lawbreaker, the NPA further consummates the capture of industry and its conspiracy with the Department of Justice to allow an ‘anything goes’ precedent. If the court rubber-stamps the DOJ to allow Boeing’s fraud and unethical behavior, causing multiple deaths to escape justice, it will foster the violation of the principles of capitalism, compliance, and justice for the rich and powerful at the expense of life, liberty and the pursuit of happiness for the people; the safety of passengers will be held in the balance.”
Catherine Berthet lost her daughter, Camille, in the crash. She will be addressing the court on September 3 at the hearing. She said, “Once again, I am coming to Fort Worth from France with my son, who lost Camille, his sister and role model when he was only 16, to seek justice from THE person who embodies Justice in this case and on behalf of the country, Judge O’Connor. I am very grateful to Judge O’Connor for holding this hearing where we will be given a voice, he who recognized us, my son, me, but also my daughter, my daughter’s flight companions, and their loved ones, as victims. This is something the DOJ did not do at the time of the DPA and continues not to do. I hope that Judge O’Connor will not allow himself to be manipulated by Boeing and the DOJ, as they try to manipulate us, the victims of a crime. While it is no surprise that Boeing is trying to buy everyone off, the fact that the DOJ, which had a guilty plea in its hands last year, has now decided not to prosecute Boeing regardless of the Judge’s decision, is a denial of justice, a total disregard for the victims and, above all, a disregard for the Judge, and a total disrespect for his Court and his powers.
“Boeing and the DOJ are trying to buy off the families, behaving as if money could deceive us and the rest of the world and make us forget that this is a criminal case here. I hope that the Judge, whose wisdom I trust, will take action against Boeing and will have the same requirements from the DOJ, in the same way that he does throughout the year in his Court with regard to any criminal who has killed one or more people: by sending the criminal to trial.”
The DOJ filed a motion to dismiss the criminal fraud matter against Boeing, but, instead, did an about-face and told the families earlier this year that it filed an 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.
Sixteen 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 also will be speaking against the DOJ’s latest filing. Cassell argued in the families’ brief 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 346 deaths of the crash victims. Boeing’s CEO and its lawyer admitted to the fraud in a guilty plea months ago.
“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 is allowed to reject a dismissal that is not in the public interest, and this misleading and unfair deal is clearly against the public interest. The families will be asking Judge O’Connor to use his recognized authority to reject this inappropriate deal and airbrushed factual account of what happened.”
In January 2021, the DOJ charged Boeing with conspiracy to defraud the FAA and its certification of the defective MAX8 plane, and reached an initial deferred prosecution deal with Boeing. The families argued that the judge should reject the proposed non-prosecution agreement and instead set the case for trial in June. That trial date was vacated by the Judge.
Then, in May 2024, the DOJ found that Boeing had breached the deferred prosecution agreement by failing to implement appropriate corporate compliance and safety measures. Later in July 2024, DOJ and Boeing reached a guilty plea deal. The families objected and, in December 2024, Judge O’Connor rejected the deal.
The new 2025 NPA asks Boeing to 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, the DOJ agreed to dismiss the criminal charges against Boeing.
Since February 6, families have been requesting a meeting with U.S. Attorney General Pam Bondi before the DOJ makes a final decision, but they have not received a response from her to date.
For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or email at Pammenaker@cliffordlaw.com.