The United States Department of Justice (DOJ) will not prosecute Boeing over the crashes of two B737 MAX aircraft. The DOJ filed a status report on May 23, 2025, confirming that it had reached an in-principle non-prosecution agreement with the manufacturer that will allow it to dodge a criminal conviction.

"It is the government’s judgment that the agreement is a fair and just resolution that serves the public interest," the filing reads. "The agreement guarantees further accountability and substantial benefits from Boeing immediately while avoiding the uncertainty and litigation risk presented by proceeding to trial."

Boeing faced one charge of conspiracy to defraud the US in relation to the crashes in 2018 and 2019 that killed 346 people. The matter had been due to go to trial next month, and Boeing had indicated that it intended to defend the matter.

Boeing had previously reached an agreement with the DOJ in late 2021. Under the terms of that deal, Boeing agreed to pay a USD2.51 billion fine to avoid prosecution. It also agreed to a probation period. In January 2024, shortly before that probation period was due to end, a B737-9 door plug blew out during an Alaska Airlines flight, an incident that resulted in the DOJ reviving its prosecution. Late last year, a US District Court judge rejected another settlement agreement.

Under the new agreement, Boeing will admit that it conspired to obstruct and impede the Federal Aviation Administration Aircraft Evaluation Group. It will also pay over USD1.1 billion, including a USD487.2 million penalty, USD444.5 million to crash victims' families, and USD455 million to strengthen its compliance, safety, and quality programmes.

Boeing must also continue to improve its anti-fraud compliance and ethics programme, have it independently monitored, and notify the government of any improvements. Boeing's board has also agreed to meet families of the victims. The company declined to comment to ch-aviation about the settlement agreement.

"The parties are proceeding expeditiously to memorialise the terms into a written agreement," the filing added. "After the agreement is finalised and signed, the government will promptly file, with Boeing’s consent, a motion to dismiss without prejudice the pending criminal information. The government anticipates filing the motion by no later than May 30, 2025."

Any conviction resulting from a trial would have jeopardised Boeing's extensive US government contracts.

The DOJ says it met with and considered the views of victims' families before it agreed to settle with Boeing. The filing says 110 families wholly or partially supported the non-prosecution agreement. Others disagreed with the decision.

“This kind of non-prosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in US history," said Utah lawyer Paul Cassell. "My families will object and hope to convince the court to reject it.”

The agreement must be accepted by the US District Court judge overseeing the case for it to take effect.