Families who lost loved ones in two deadly Boeing 737 Max crashes are preparing for what may be their last opportunity to demand a criminal trial against the company. On Wednesday, a federal judge in Fort Worth will hear arguments on whether to dismiss a felony conspiracy charge accusing Boeing of misleading regulators about a flight-control system later tied to the crashes, which killed 346 people in Indonesia and Ethiopia between 2018 and 2019. Boeing initially agreed to plead guilty, but U.S. District Chief Judge Reed O’Connor rejected the plea last year, citing concerns about how an independent monitor would be selected. The company and the Justice Department later struck a new non-prosecution agreement requiring Boeing to pay or invest $1.1 billion in fines, victim compensation, and safety reforms, in exchange for dropping the charge.
Families of the victims argue that the new deal is an injustice, allowing Boeing to escape true accountability. Catherine Berthet, who lost her 28-year-old daughter Camille in the Ethiopian crash, traveled from France to attend the hearing and called the DOJ’s decision “a denial of justice.” She and other families are urging the court to reject the government’s request and appoint a special prosecutor to pursue charges. Prosecutors, however, maintain that most families either support or do not oppose the agreement, and they argue that the judge cannot block the deal unless prosecutors acted in bad faith. The Justice Department insists the agreement ensures accountability while avoiding the uncertainty of a trial, though it preserves the option of refiling charges if Boeing fails to comply within two years.
The case centers on Boeing’s MCAS software, which repeatedly forced the nose of the aircraft downward based on faulty sensor data in both crashes. Investigators later determined the company withheld critical information from the FAA, leading regulators to approve minimal training requirements for pilots flying the new jetliner. The 737 Max was grounded worldwide for nearly two years after the second crash, and Boeing’s safety record remains under scrutiny following recent in-flight incidents. For families like Berthet’s, the fight is about more than money—it is about ensuring Boeing faces full criminal accountability for the decisions that led to the deaths of hundreds of passengers. The judge is scheduled to hear testimony and arguments starting at 8:30 a.m. CT on Wednesday.
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