A U.S. appeals court has rejected a bid by families of victims from the two Boeing 737 Max crashes to revive a criminal case against the company. The three-judge panel at the 5th U.S. Circuit Court of Appeals ruled unanimously that federal prosecutors did not violate the Crime Victims' Rights Act when they reached a settlement with Boeing in 2023, dismissing a criminal conspiracy charge tied to allegations the company misled regulators about the aircraft's flight-control system. The crashes—in 2018 involving a Lion Air flight in Indonesia and in 2019 an Ethiopian Airlines flight—killed all 346 people on board. Lawyers for the families argued they were excluded from meaningful consultation during negotiations between Boeing and the Department of Justice. Paul Cassell, representing the families, called the court's decision "badly flawed" and stated, "Today's ruling means that Boeing escapes criminal justice accountability for killing 346 people." He emphasized that the families were never given a real chance to influence the deal, which dated back to discussions starting in 2020.
Boeing has not commented on the latest ruling but previously stated it "deeply regrets" the crashes and has taken steps to improve internal processes and paid significant compensation. At a hearing in New Orleans, Boeing attorney Paul Clement noted that over 60 families supported the settlement and many others did not oppose it. The 2023 agreement allowed Boeing to avoid prosecution by committing $1.1 billion toward fines, victim compensation, and safety improvements. Federal prosecutors defended their actions, saying they had consistently consulted with families over several years. In 2021, the Justice Department charged Boeing with defrauding the government but initially allowed the company to avoid trial through a deferred prosecution agreement. That deal was later found to have been violated by Boeing in 2024, prompting a new plea agreement. However, U.S. District Judge Reed O'Connor rejected it and ordered further talks. The Justice Department returned with a revised proposal in May 2024, which O'Connor approved in November, dismissing the charge after determining prosecutors had met their legal obligations.
When Paul Cassell says Boeing has escaped accountability, he is not speaking rhetorically—the court's decision confirms that even after 346 deaths tied to corporate misconduct, no criminal penalty will be imposed. The Justice Department's repeated negotiations and ultimate dismissal of charges show that systemic consequences for corporate malfeasance remain optional, not automatic. Where criminal liability is traded for financial settlements, the message is clear: for powerful companies, justice can be bought.
