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Judge Weighs DOJ Bid to Drop Boeing Fraud Charge Under $1.1 Billion Deal

The hearing tests how far a court can second-guess prosecutors when victims object to a non-prosecution agreement.

Boeing 737 MAX aircraft are assembled at the company’s plant in Renton, Washington, U.S. June 25, 2024. Jennifer Buchanan/Pool via REUTERS/File Photo
A family member wears a photo of a Boeing crash victim Danielle Moore before a hearing at federal court in Fort Worth, Texas, Wednesday, Sept. 3, 2025. (AP Photo/LM Otero)
The seal of the United States Department of Justice is seen on the building exterior of the United States Attorney's Office of the Southern District of New York in Manhattan, New York City, U.S., August 17, 2020. REUTERS/Andrew Kelly/File Photo
FILE - A Boeing 737 Max jet prepares to land at Boeing Field following a test flight in Seattle, Sept. 30, 2020. (AP Photo/Elaine Thompson, File)

Overview

  • U.S. District Chief Judge Reed O’Connor is hearing arguments in Fort Worth on the Justice Department’s motion to dismiss a felony conspiracy charge tied to the 737 Max crashes.
  • Under the non-prosecution agreement, Boeing would pay $444.5 million to a victims’ fund, a $243.6 million fine, and invest more than $455 million in compliance, safety and quality programs.
  • Roughly 30 families oppose dismissal and seek appointment of a special prosecutor, while DOJ lawyers say families of 110 victims support or do not oppose resolving the case before trial.
  • Prosecutors say a jury conviction is uncertain and argue the agreement provides meaningful accountability and immediate public benefits.
  • The case centers on Boeing’s alleged deception of FAA regulators about the MCAS flight-control software linked to the 2018 and 2019 crashes that killed 346 people; O’Connor previously rejected a plea deal over a monitor-selection provision, and DOJ wants the option to refile if Boeing breaches the new agreement over the next two years.