Will the Fifth Circuit Overturn the Dismissal of the Boeing 737 MAX Criminal Case?
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Boeing faces a Fifth Circuit challenge from 31 victims' families seeking to overturn the criminal conspiracy case dismissal, citing violations of the Crime Victims' Rights Act.
Key Takeaways
- •31 victims' families are challenging the dismissal of the Boeing criminal conspiracy charge in the Fifth Circuit Court of Appeals.
- •The core legal argument is that the Department of Justice violated the Crime Victims' Rights Act (CVRA) by not conferring with the families before finalizing the Deferred Prosecution Agreement (DPA).
- •The outcome will set a major precedent for corporate criminal accountability and the rights of victims in cases involving deferred or non-prosecution agreements.
- •The original charge stemmed from Boeing allegedly misleading the FAA about the 737 MAX's flight-control system, which caused 346 deaths.
The US Court of Appeals for the Fifth Circuit is scheduled to hear a pivotal oral argument on Thursday, February 5, regarding the dismissal of the Boeing criminal case. The case is a direct challenge by 737 MAX crash victims' families to the Department of Justice's (DOJ) handling of the criminal conspiracy charge against the aircraft manufacturer. The families argue that the DOJ violated their rights under the Crime Victims' Rights Act (CVRA).
Background on the Boeing Criminal Case
This legal battle stems from the fatal crashes of two Boeing 737 MAX aircraft. The Lion Air Flight 610 crash in 2018 and the Ethiopian Airlines Flight 302 crash in 2019 killed 346 people.
Federal prosecutors charged Boeing with conspiracy to defraud the FAA. The charge was based on allegations that the company misled the Federal Aviation Administration (FAA) about the Maneuvering Characteristics Augmentation System (MCAS). This flight-control system was later implicated in both deadly accidents.
In January 2021, the DOJ initially entered a deferred prosecution agreement (DPA) with Boeing. This agreement allowed the manufacturer to avoid criminal prosecution. The DPA included fines, compensation for crash victims' families, and safety investments.
The Crime Victims' Rights Act Challenge
Attorneys for 31 families have filed two CVRA petitions with the Fifth Circuit. They are asking the appeals court to reverse the district court's approval of the DOJ's motion to dismiss the criminal conspiracy charge.
- Victim Status: A federal district court previously ruled that the 346 passengers and crew were "crime victims" under the CVRA. This was due to Boeing's crime directly and proximately causing the deaths.
- CVRA Violations: The families argue the DOJ violated the CVRA. They claim prosecutors failed to reasonably confer with them about the dismissal plans. They also allege the DOJ concealed the initial DPA from the families.
District Judge Reed O'Connor reluctantly granted the DOJ's motion to dismiss in late 2025. He concluded that he lacked the legal basis to block the non-prosecution plan.
The families' attorney, Paul Cassell, argues that the district court failed to fully assess the public interest in dismissing the case. He is asking the Fifth Circuit to set aside the most recent non-prosecution agreement (NPA).
Implications for Corporate Accountability
The outcome of this Fifth Circuit oral argument holds significant weight. It could redefine the rights of victims in corporate criminal accountability cases. A reversal would reinstate the criminal charge against Boeing. This could potentially lead to a jury trial.
This legal challenge highlights a critical tension. The DOJ seeks to resolve the matter through agreements. Meanwhile, the victims' families demand a public trial and greater accountability. The case has been described by Judge O'Connor as involving the "deadliest corporate crime in U.S. history."
Aviation safety and compliance are at the core of the dispute. The families' petition also questioned the NPA's provisions for oversight of Boeing's manufacturing facilities. The final ruling will impact how the DOJ handles future corporate crime cases. It will also influence how FAA oversight is viewed in the context of criminal law.
- 346 Lives Lost: The two Boeing 737 MAX crashes resulted in 346 fatalities. This is the foundation of the CVRA claim.
- Legal Precedent: The Fifth Circuit's decision will set a key precedent. It will clarify the scope of the Crime Victims' Rights Act in corporate deferred prosecution agreements.
- Accountability Focus: The families' main goal is a public trial. They seek a transparent decision on Boeing's guilt for the conspiracy charge.
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Written by Ujjwal Sukhwani
Aviation News Editor & Industry Analyst delivering clear coverage for a worldwide audience. Covers flight operations, safety regulations, and market trends with expert analysis.
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