Justice Department agrees to end Biden-era felony case against Boeing
In return, Boeing must pay over $1.1 billion in fines, safety improvements and compensation for families of the people who died in the crashes in October 2018 and March 2019. Those disasters, involving Boeing's 737 MAX 8 jet, kicked off years of still-unresolved questions from lawmakers and safety experts about the federal government's oversight of the giant manufacturer and defense contractor.
Boeing would have to "admit to conspiracy to obstruct and impede" federal regulators, but DOJ would agree to ask a judge to dismiss the case, the department said in a court filing. The government would have the option of refiling the charges later.
Under last year's plea agreement, Boeing would have pleaded guilty to a felony of conspiracy to defraud the government, paid a total of $487 million in fines and subjected itself to an independent third-party monitor, among other provisions.
Democratic lawmakers assailed DOJ's shift as news of the pending deal circulated this week, the latest in a string of cases in which President Donald Trump's administration has offered more leniency to alleged corporate wrongdoing than Biden's agencies had.
'There's no way that Boeing should be allowed to reopen or evade responsibility for this,' Connecticut Sen. Richard Blumenthal, the top Democrat on the Senate's Permanent Subcommittee on Investigations, told POLITICO Wednesday after news of the pending deal had broken last week.
Lawmakers of both parties had scorched Boeing's safety record at a Senate hearing last June, where then-CEO David Calhoun stood and apologized to family members of some of the 346 victims. The senators focused not only on the 2018-19 crashes but also on more recent signs of trouble with the MAX, including a January 2024 incident in which a door plug blew out of an Alaska Airlines jet over Portland, Oregon. Whistleblowers at an earlier hearing last year testified to what they called a culture of promoting business over safety at Boeing.
The deal, however, leaves open the possibility of re-filing the criminal charge if the department finds Boeing to be non-compliant with the new terms. According to the government's court filing Friday, Boeing will have to "admit to conspiracy to obstruct and impede the lawful operation of the Federal Aviation Administration Aircraft Evaluation Group," and the non-prosecution agreement "will not provide protection against prosecution for any other misconduct."
"On top of the financial investments, Boeing must continue to improve the effectiveness of its anti-fraud compliance and ethics program and retain an independent compliance consultant," a Justice Department spokesperson said Friday. Boeing did not immediately respond to a request for comment.
The first Trump administration's handling of the two deadly 737 MAX crashes drew criticism at the time, including for the FAA's slowness to join other countries throughout the world in ordering the jet to be grounded after the second crash in 2019. At one point, Trump spoke by phone with then-Boeing CEO Dennis Muilenburg, who reassured the president that the MAX was safe to fly.
Investigators blamed the crashes on Boeing's failure to inform the FAA about details of a new flight control software system in the MAX, which was implicated in both disasters. They also faulted the FAA's over-reliance on Boeing employees to vouch for the safety of the plane's design, among a host of other issues.
The fraud conspiracy charge stemmed from allegations that Boeing had violated the terms of a 2021 deferred-prosecution agreement with the DOJ in which the department allowed Boeing to avoid prosecution in exchange for fines and internal changes at the company. The department announced that deal at an exceedingly volatile moment in Washington: one day after the Jan. 6, 2021, assault on the Capitol.
Families of the 346 victims' families have criticized the federal government's handling of the case virtually from its inception, including the 2021 agreement and last year's plea deal. They had wanted the department to pursue criminal charges, alleging that the company had knowingly put people in harm's way, but the DOJ has maintained that it couldn't prove such charges beyond a reasonable doubt.
"Victims are at the heart of the Department's mission, and this case is no exception," the DOJ spokesperson said. "The Department has met extensively with the crash victims' families. While they are all experiencing grief, they hold a broad set of views regarding the resolution, ranging from support to disagreement. Ultimately, in applying the facts, the law, and Department policy, we are confident that this resolution is the most just outcome with practical benefits.
"Nothing will diminish the victims' losses, but this resolution holds Boeing financially accountable, provides finality and compensation for the families and makes an impact for the safety of future air travelers,' the person added.
After the January 2024 door plug blowout over Oregon, the department told a federal judge in May that newly revealed quality-control problems showed that the company had violated the 2021 agreement. That presented Boeing with a choice: take a plea or potentially stand trial. Boeing has maintained that it honored the terms of the deal.
Despite last summer's plea agreement, however, the case was not over. A federal judge rejected the deal in December, expressing concerns about diversity policies at both Boeing and the DOJ, and noting that victims' families also objected to the proposed oversight process. Boeing subsequently sought to withdraw its agreement to plead guilty, The Wall Street Journal reported in March.
DOJ's new about-face is already drawing ire on Capitol Hill.
Blumenthal and Sen. Elizabeth Warren (D-Mass.) on Thursday sent a letter to Attorney General Pam Bondi urging the department not to sign the agreement, saying it would be a way for Boeing to 'weasel its way out of accountability for its failed corporate culture, and for any illegal behavior that has resulted in deadly consequences.'
Sen. Tammy Duckworth (D-Ill.), the ranking member of the Commerce Committee's aviation subcommittee, said before the announcement that she viewed the move as the Trump administration going soft on a big corporation.
'I think Boeing and FAA have both shown that they're incapable of proper oversight. ... They both have a terrible history,' she told POLITICO on Thursday.
The chair of that panel, Sen. Jerry Moran (R-Kan.), demurred when asked about the legal proceedings. 'My view is this is a judicial, prosecutorial question in the courts, not my domain,' he said Wednesday.
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