Justice Denied or Justice Bargained? 737 Max Families Demand Deeper Accountability

Families of the 346 victims of the two Boeing 737 Max crashes in 2018 and 2019 are intensifying pressure on the U.S. legal system to hold Boeing accountable, with some pushing for the appointment of a special prosecutor. Their efforts come as a federal judge in Texas prepares to rule on whether to allow the U.S. Department of Justice (DOJ) to dismiss the criminal conspiracy charge against the company. This charge was originally filed in the final weeks of Donald Trump’s first term and alleged that Boeing had conspired to defraud the U.S. government by withholding critical information about its flawed flight-control system from regulators [1].

The case stems from two fatal crashes—one near Jakarta in October 2018 and another in Ethiopia in March 2019—both caused by a faulty automated software system known as the Maneuvering Characteristics Augmentation System (MCAS). This system erroneously pitched the planes’ noses down based on data from a single sensor, and pilots were not adequately trained to override it. Investigations later revealed that Boeing had not informed the Federal Aviation Administration (FAA) of key changes to the system before the aircraft was certified for commercial use [1].

In December 2024, Judge Reed O’Connor rejected Boeing’s initial plea agreement with the DOJ, citing concerns about the influence of diversity and inclusion policies on the selection of an independent compliance monitor. While the rejection was seen by some as a victory for victims' families, it ultimately allowed Boeing to renegotiate its deal with the DOJ. A revised non-prosecution agreement was reached in May 2025, requiring Boeing to pay $1.1 billion in fines, compensation to families, and investments in safety and compliance improvements. In exchange, the DOJ agreed to dismiss the criminal conspiracy charge [1].

Catherine Berthet, whose daughter died in the Ethiopian crash, is among a group of about 30 families seeking the appointment of a special prosecutor to take over the case. She criticized the DOJ for dropping the charge despite having a guilty plea in hand the previous year, calling it a “denial of justice” and a “disregard for the victims” [1]. These families argue that the current arrangement is insufficient and that former Boeing executives should face criminal prosecution in a public trial.

The DOJ maintains that the revised agreement ensures “meaningful accountability” and brings “finality to a difficult and complex case.” It also reserves the right to refile the charge if Boeing fails to meet its obligations under the deal [1]. Legal experts and victims’ families alike remain divided on whether the agreement sufficiently addresses the systemic failures that contributed to the crashes.

Boeing’s case is not isolated in its legal and reputational challenges. The company’s 2021 settlement agreement with the DOJ had initially protected it from criminal prosecution, but the deal was later revoked after a 2024 incident involving an Alaska Airlines flight. This renewed scrutiny has fueled calls for independent investigations into Boeing’s corporate conduct [1].

Meanwhile, the families of the victims continue to push for transparency and accountability. Many remain skeptical of the current legal process and are advocating for a more thorough, independent probe. Their determination reflects a broader pattern seen in recent aviation safety cases, where litigation often drives regulatory and corporate reform more effectively than internal investigations [2].