Judge Grants Government’s Request to Drop the Criminal Conspiracy Case

A November 6 ruling confirmed that Boeing will not face criminal conspiracy charges related to the two 737 MAX crashes that killed 346 people. The decision marks the end of one of the most substantial criminal cases ever brought against an aerospace manufacturer.

Boeing isn’t getting off scot-free, however. As part of the deal, the manufacturer will pay and invest an additional $1.1 billion in penalties, victim compensation, and internal safety measures. The agreement also allows Boeing to appoint its own compliance consultant rather than accept an independent monitor, which received pushback from families of crash victims. Prosecutors argued that a trial could result in Boeing escaping further punishment and that the agreement was the most realistic path to accountability.

The case stemmed from Boeing’s deception of regulators about a flight-control system that was found consequential in the Lion Air and Ethiopian Airlines crashes in 2018 and 2019. The automated system, designed to compensate for the MAX’s larger engines, repeatedly pushed each aircraft’s nose downward due to faulty sensor readings. Pilots were unaware of the system as it was reportedly left out of manuals or training materials. Both aircraft were destroyed, and all aboard were killed.

Judge O’Connor acknowledged in his ruling that the settlement “fails to secure the necessary accountability to ensure the safety of the flying public,” but explained that the court could not override the government’s discretion. The Justice Department claimed that this was the “most just outcome” as 110 families of victims were in support of the decision… though just as many more seemed to disagree.

"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," said Paul Njoroge. His wife and three young children were among those killed in the Ethiopian Airlines crash.

Meanwhile, production of the 737 MAX is continuing and even ramping up. The FAA recently relaxed its cap of 38 jets a month, imposed after a door plug blew off an Alaska Airlines flight in early 2024. The new limit brings that number up to 42 per month, potentially reaching 53 planes per month next year if all goes well.

FMI: www.boeing.com