Families Urge Court to Revive Boeing 737 Max Criminal Case

Families who lost loved ones in the two deadly Boeing 737 Max crashes are urging a federal appeals court to reopen a criminal case against the aircraft manufacturer, arguing that the U.S. government wrongly shielded the company from full accountability.

On Thursday, attorneys representing 31 families asked a three-judge panel of the 5th U.S. Circuit Court of Appeals to overturn a lower court decision that dismissed a criminal conspiracy charge against Boeing. The charge accused the company of misleading federal aviation regulators about a key flight-control system later linked to the crashes, which together killed 346 people.

The families contend that federal prosecutors violated their legal rights by negotiating a settlement with Boeing behind closed doors and failing to properly consult them before agreeing to drop the criminal case.

A Long Legal Battle Over Accountability

The criminal offense for which Boeing was charged related to the development and certification of its 737 MAX plane, which began service in 2017. It was subsequently discovered that Boeing deliberately withheld information from the FAA regarding a new system for controlling the plane known as MCAS.

This technology played a central role in two catastrophic crashes: Lion Air Flight 610 in Indonesia in October 2018 and Ethiopian Airlines Flight 302 in March 2019. Faulty sensor data caused the MCAS system to repeatedly push the noses of the aircraft downward, and pilots were unable to regain control. Following the crashes, the global fleet of Boeing 737 Max planes was grounded for nearly two years.

In 2021, the Justice Department charged Boeing with defrauding the U.S. government but agreed to defer prosecution under a deal that required the company to pay fines and compensation and to improve internal safety practices. Federal prosecutors later determined that Boeing had violated that agreement, leading to renewed negotiations.

Last year, the Justice Department reached a new settlement allowing Boeing to avoid prosecution in exchange for paying or investing an additional $1.1 billion. The deal included compensation for victims’ families and commitments to strengthen safety and quality controls.

At the government’s request, U.S. District Judge Reed O’Connor dismissed the criminal charge in November, ruling that the agreement served the public interest. Although O’Connor called the families’ objections “compelling,” he concluded that existing case law gave prosecutors broad discretion to settle criminal matters.

Families Say Their Rights Were Ignored

Paul Cassell, the attorney representing the victims’ families, told the appeals court that the government failed to meet its obligations under the federal Crime Victims’ Rights Act, which requires prosecutors to confer with victims before making major decisions in criminal cases.

Cassell argued that families were effectively shut out of the process and denied a meaningful opportunity to oppose the settlement.

“The government cannot simply negotiate in secret and then present victims with a take-it-or-leave-it deal,” Cassell told the court. He urged the judges to reinstate the conspiracy charge so Boeing could face a public trial.

More than a dozen family members attended the hearing in New Orleans, while others watched via livestream from around the world.

“I feel that there wouldn’t be meaningful accountability without a trial,” said Paul Njoroge of Canada, who lost his wife, three young children, and mother-in-law in the Ethiopian Airlines crash. “We need the truth to come out in open court.”

Government Defends Its Actions

Justice Department lawyers countered that prosecutors did, in fact, consult extensively with victims’ families over several years and carefully weighed their views before reaching the settlement.

“The government has solicited and weighed the views of the crash victims’ families as it’s decided whether and how to prosecute the Boeing Company,” a federal attorney told the panel.

Prosecutors also argued that taking the case to trial would have carried significant risks. They warned that a jury might have acquitted Boeing, potentially leaving the families with no additional compensation or penalties.

Boeing’s legal team echoed that position. Company attorney Paul Clement said that more than 60 families had supported the settlement and that many others did not oppose it.

“Boeing deeply regrets the tragic crashes,” Clement told the court, adding that the company has already paid substantial compensation and undertaken major reforms to improve safety and compliance.

The Central Issue: Boeing’s Conduct

At the heart of the legal dispute is Boeing’s handling of the MCAS system, which was designed to compensate for changes in the 737 Max’s larger, more fuel-efficient engines. Investigators found that Boeing did not fully disclose the system to regulators or include it in pilot training materials. As a result, many pilots were unaware the system even existed.

When faulty sensor readings triggered MCAS in both crashes, crews were unable to override it in time. Federal investigators later concluded that Boeing employees misled FAA officials during the certification process — the basis for the original criminal conspiracy charge.

What Comes Next

The appeals court panel did not issue an immediate ruling and said it would deliver a decision at a later date. If the judges side with the families, the criminal case against Boeing could be revived, potentially leading to a historic trial over one of the deadliest aviation disasters in modern history.

For now, families continue to press for what they say has been missing since the crashes: full transparency and accountability.

“We lost everything,” Njoroge said. “The least we deserve is justice.”