Families who lost loved ones in the 2019 crash of a Boeing 737 MAX 8 jet said today, through counsel, that they intend to file an expedited writ of mandamus to appeal the decision of a federal judge in Fort Worth, Texas, dismissing the criminal conspiracy charge against Boeing for the crashes that killed 346 people seven years ago.
The families had argued before U.S. District Court Judge Reed O’Connor that the Department of Justice’s proposed non-prosecution agreement violated the judicial review provisions of the federal rules by preemptively agreeing not to prosecute Boeing even before Judge O’Connor had ruled on the government’s motion to dismiss. Family members traveled from as far away as France, Ireland, and Canada to ask the judge to reject the agreement for the DOJ not to prosecute the aircraft manufacturer for criminal fraud.
Javier de Luis of Massachusetts, who lost his sister in the 2019 crash of a Boeing 737 MAX 8 in Ethiopia, reacted to Judge O’Connor’s decision: “The judge in this case agrees that Boeing cannot be trusted to put safety ahead of their own bottom line. He agrees that the DoJ motion is not in the public interest. Unfortunately, he also believes that he is powerless to do anything about it. But it is important for the public to understand these points. Boeing bought itself a get-out-of-jail card. I pray it is not paid for by future families that will find themselves in our position, seeking justice for yet another plane full of innocent victims.“
“Judge O’Connor recognized that there are, in his words, ‘compelling’ arguments against the non-prosecution deal. But he reluctantly concluded that he was powerless to do anything about the reprehensible deal. We believe that the courts don’t have to stand silently by while an injustice is perpetrated. We will be rapidly going to the Fifth Circuit to ask it to reverse this decision, enforce the rights of the victim’s families, and deny the Government’s effort to simply drop these charges,” said Paul Cassell, pro bono attorney for the families and professor of the S.J. Quinney College of Law at the University of Utah.
Paul Njoroge from Canada, who lost his entire family, his wife and three small children, said, “Judge O’Connor’s decision to grant the DOJ’s request to dismiss this case feels like the justice system turning its back on us, the victims’ families. We have only been consistent in demanding a day in court, the public against Boeing. We have not gotten that. Our pursuit for justice isn’t about vengeance—it’s about truth, transparency, and public safety. When a company’s failures cost so many lives, ending a criminal case behind closed doors erodes trust and weakens deterrence for every passenger who steps onto a plane. The families have carried unbearable loss; the very least we deserve is a transparent process and real accountability. Anything less tells the world that powerful corporations play by different rules—and that cannot be the legacy of this tragedy. We will continue to pursue avenues for the pursuit of justice in this criminal case, including an appeal.”
Chris Moore, who lost his daughter Danielle, 24, in the second crash, said, “We look at the DOJ’s Agreement to not prosecute Boeing with incredulity. They are playing down the crimes carried out by Boeing that killed 346 people. They have moved the goal posts and used the rules to serve industry. It is obvious that the justice for and rights and safety for the People do not matter to this Department. The DoJ had admissions of fraud from Boeing. They determined that they broke the DPA. They even began a plea deal with Boeing that never materialized. They have not conferred with Families openly; some factions met secretly. We demand that the DoJ be transparent with us. We demand justice. Boeing failed in doing their job; FAA was asleep at the switch; the DoJ abnegated their core value of justice: knaves all three.”
“Families of multiple Lion Air victims also oppose the order and support the immediate filing of a writ by Professor Cassell,” according to Sanjiv Singh, counsel for 16 families who had joined with Cassell’s group to fight the dismissal.
Cassell had argued in the families’ opposition to the proposed dismissal that the government’s NPA with Boeing would not provide sufficient oversight of Boeing and failed to account for the fact that Boeing’s criminal behavior was found to have caused the deaths of 346 crash victims. Boeing’s CEO and its lawyers had admitted to the fraud in a guilty plea issued four years ago.
Tracy Brammeier, partner of Clifford Law Offices who serves on this trial team, said: “The judge recognizes there is a miscarriage of justice on the part of the government’s decision not to prosecute this case, and that this was not in the best interest of the public the government serves. Unfortunately, he feels the power to right this wrong is limited by legal precedent. The families are disappointed by the outcome but will act quickly to protect the interests of the families and the public on appeal.”
According to counsel, Filippo Marchino of The X-Law Group, the family of Andrea Manfredi is likewise disappointed by the ruling. They will join and partake in all efforts to seek justice for their son and for the other 345 victims of the two crashes. They’re hopeful, Marchino added, that the Court of Appeals will see what is truly at stake here and provide the district Court with the tools to further justice and hold Boeing accountable.
In January 2021, the DOJ charged Boeing with conspiracy to defraud the FAA in its certification of the defective MAX 8 aircraft and reached a deferred prosecution agreement with Boeing.
In May 2024, following the blowout of an unsecured door plug aboard an Alaska Airlines 737 MAX, the DOJ found that Boeing had breached the deferred prosecution agreement by not putting in place appropriate corporate compliance and safety measures. In July 2024, the DOJ and Boeing reached a deal in which Boeing was to plead guilty. The families objected to the terms as not punitive enough, and in December 2024, Judge O’Connor rejected the deal.
Rather than returning with a more stringent punishment, the DOJ presented Boeing with the lesser punishment of a Non Prosecution Agreement, in which Boeing would pay a $243.6 million penalty, give $444.5 million to be divided amongst the 346 families, and make additional investments in its safety and compliance. In exchange, DOJ agreed to dismiss the criminal charge against Boeing. Today, Judge O’Connor approved the NPA and granted the government’s motion to dismiss. The families look forward to appealing the decision to the Fifth Circuit Court of Appeals.
For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.