Boeing will avoid a criminal charge in the US linked to two deadly 737 Max crashes, after a court granted a request from the US government to dismiss the criminal case.
In his ruling, Judge Reed O'Connor said he disagreed that dropping the charge was in the public interest but said his concerns did not give him sufficient reason to deny the proposal.
The decision marks a major win for Boeing, after the government last year accused it of violating a settlement related to the crashes, raising the threat of prosecution.
The dismissal had been opposed by some of the families of those killed in the accidents, who had sought to hold Boeing accountable at trial.
Lawyer Paul Cassell, who represents some of the families, said he intended to appeal against the ruling.
We believe that the courts don't have to stand silently by while an injustice is perpetrated, he said in a statement.
In his decision on Thursday, Mr O'Connor said the government's concerns about taking the charge to trial were unserious and did not believe the new deal reached between the government and Boeing would secure the necessary accountability to ensure the safety of the flying public. But he remarked that the government was presumed to be acting in good faith and he did not have the authority to override the request.
The Department of Justice (DOJ) defended its agreement, noting that it had met extensively with the crash victims' families, which had expressed a broad set of views regarding the resolution.
Rather than allow for protracted litigation, this agreement provides finality for the victims and requires Boeing to act now, a spokesperson stated. We are confident that this resolution is the most just outcome.
Boeing said it was committed to the agreement struck with the DOJ and to improving its safety, quality, and compliance programs.
The decision marks the latest twist in a long-running legal battle stemming from two major 737 Max accidents in late 2018 off Indonesia and in Ethiopia in early 2019, which killed 346 people.
The US subsequently charged Boeing with one count of criminal fraud conspiracy, accusing the company of concealing key information about its flight control software implicated in the crashes. Although Boeing admitted to the allegations, it avoided prosecution with a 2021 deal involving $2.5 billion in fines and commitments to enhance safety standards.
The case was reopened last year when an incident involving an unused door falling off a 737 Max prompted DOJ accusations of breach of the original settlement.
In 2024, the DOJ proposed a new deal where Boeing would plead guilty to the fraud charge, paying a further fine of $243 million and accepting a court-appointed monitor. However, this deal was rejected by Mr. O'Connor over concerns about the monitor's selection.
This year's new settlement, which led to the dismissal of the charge, still requires Boeing to hire an independent compliance consultant and fulfill $1.1 billion in financial commitments, including penalties and compensation to the victims’ families.
In explaining their decision to dismiss the charge, prosecutors noted that Boeing had made meaningful progress in its anti-fraud efforts.






















