Families of Boeing 737 Max Crash Victims Seek to Revive Criminal Case

Victims' families argue prosecutors violated their rights in deal allowing Boeing to avoid prosecution

Feb. 5, 2026 at 7:23pm

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Thirty-one families who lost relatives in the two fatal crashes of Boeing 737 Max jetliners have asked a federal appeals court to revive a criminal case against the aircraft manufacturer. The families argue that federal prosecutors violated their rights by failing to properly consult them before striking a deal that allowed Boeing to avoid prosecution in exchange for paying $1.1 billion in fines and compensation.

Why it matters

The 737 Max crashes killed 346 people and raised major questions about Boeing's conduct and the FAA's oversight. This case highlights the ongoing battle for accountability and transparency around the tragedies, as well as the rights of victims' families in the criminal justice process.

The details

The families' lawyer, Paul Cassell, urged a federal appeals court to overturn a lower court's dismissal of a criminal conspiracy charge against Boeing. Cassell argued that prosecutors violated the Crime Victims' Rights Act by failing to properly consult the families before the deal was reached. Federal prosecutors countered that they had solicited and weighed the views of the families for years. The appeals court panel said it would issue a decision at a later date.

  • The 737 Max crashes occurred in 2018 and 2019, less than five months apart.
  • In 2021, the Justice Department first charged Boeing with defrauding the government but agreed not to prosecute if the company paid a settlement.
  • In 2024, federal prosecutors determined Boeing had violated the agreement, and the company agreed to plead guilty to the charge.
  • In 2025, a federal judge rejected the plea deal and directed the two sides to resume negotiations.
  • In 2026, the Justice Department returned with a new deal to withdraw the criminal charge.

The players

Paul Cassell

A lawyer representing the 31 families of 737 Max crash victims.

Paul Njoroge

A Canadian resident who lost his entire family in the second 737 Max crash.

Boeing

The aircraft manufacturer facing a criminal case over the 737 Max crashes.

U.S. Department of Justice

The federal prosecutors who reached a deal with Boeing to avoid prosecution in exchange for fines and compensation.

Reed O'Connor

The U.S. District Judge who oversaw the case for years and issued a written decision describing the families' arguments as compelling.

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What they’re saying

“I feel that there wouldn't be meaningful accountability without a trial.”

— Paul Njoroge (Instagram)

“Boeing deeply regrets the tragic crashes and has taken extraordinary steps to improve its internal processes and has paid substantial compensation to the victims' families.”

— Paul Clement, Boeing attorney (WRAL)

What’s next

The appeals court panel that heard the arguments said it would issue a decision on the case at a later date.

The takeaway

This case highlights the ongoing battle for accountability and transparency around the 737 Max crashes, as well as the rights of victims' families in the criminal justice process. The outcome could have significant implications for Boeing's future and the ability of crash victims' families to seek justice.