The Boeing Company · aviation safety · criminal prosecution · corporate fraud
Was Boeing convicted over the 737 MAX fraud conspiracy charge?
No. As of 30 October 2026 Boeing has not been convicted. A federal judge dismissed the single conspiracy charge on 6 November 2025 at the Justice Department's request after Boeing signed a non-prosecution agreement, and on 31 March 2026 the Fifth Circuit denied victims' families' petitions to revive the case, later denying rehearing. In the 2021 and 2025 agreements Boeing admitted a statement of facts, including that two of its technical pilots deceived an FAA evaluation group about MCAS, but no court entered a guilty verdict or accepted a guilty plea.
Last verified 30 October 2026. United States
The record at a glance
| What was alleged? | The US Department of Justice charged Boeing with one count of conspiracy to defraud the United States, alleging that two Boeing 737 MAX technical pilots concealed information about the MCAS flight control system from the FAA Aircraft Evaluation Group, which led to MCAS information being left out of pilot training materials.1,2 |
|---|---|
| Who made the claim? | US Department of Justice, 7 January 2021 |
| How did Boeing respond? | Boeing pleaded not guilty at its arraignment on 26 January 2023 and then resolved the charge through agreements with the Justice Department rather than at trial. In the 2025 non-prosecution agreement it accepted responsibility and agreed the statement of facts is true and accurate. After the dismissal Boeing said in a statement that it would honour its obligations under the agreement. At the February 2026 appeal hearing its counsel Paul Clement said Boeing deeply regrets the crashes, according to AP.3,4,5 (the subject's position) |
| Was there an official finding? | In court-filed agreements in 2021 and 2025 Boeing admitted that two of its 737 MAX technical pilots deceived the FAA Aircraft Evaluation Group about MCAS.1,3 The Justice Department determined in May 2024 that Boeing had breached the 2021 deferred prosecution agreement.2,9 The criminal information was dismissed on 6 November 2025 and the Fifth Circuit declined to disturb the dismissal.8,9,10 |
| Was liability determined? | No. The case was dismissed. The charge was dismissed under Rule 48(a) on 6 November 2025 on the Justice Department's motion, which the non-prosecution agreement required to seek dismissal without prejudice. There is no conviction. Boeing admitted the statement of facts in the agreements and, in the 2025 agreement, that those facts constitute a violation of 18 U.S.C. 371, but this is not a guilty plea or verdict.3,8 |
| What changed later? | As of 30 October 2026 the charge against Boeing stands dismissed and the Fifth Circuit's denial of the families' petitions is final at that court, with the mandate issued on 18 June 2026.2,10 |
| When was this checked? | 30 October 2026 |
What was alleged?
The US Department of Justice charged Boeing with one count of conspiracy to defraud the United States, alleging that two Boeing 737 MAX technical pilots concealed information about the MCAS flight control system from the FAA Aircraft Evaluation Group, which led to MCAS information being left out of pilot training materials.1,2
Made by US Department of Justice on 7 January 2021.
What did Boeing say?
Boeing pleaded not guilty at its arraignment on 26 January 2023 and then resolved the charge through agreements with the Justice Department rather than at trial. In the 2025 non-prosecution agreement it accepted responsibility and agreed the statement of facts is true and accurate. After the dismissal Boeing said in a statement that it would honour its obligations under the agreement. At the February 2026 appeal hearing its counsel Paul Clement said Boeing deeply regrets the crashes, according to AP.3,4,5
"We are committed to honoring the obligations of our agreement with the Department of Justice"
Boeing (company statement, as reported by Bloomberg), 6 November 2025. This is the subject's own account, not a finding.
What do independent records show?
Criminal Information and Deferred Prosecution Agreement, Case 4:21-cr-00005-O
US Department of Justice and US District Court for the Northern District of Texas, 7 January 2021
One count of conspiracy to defraud the United States under 18 U.S.C. 371. Under the deferred prosecution agreement Boeing agreed to pay a criminal penalty of $243.6 million, $1.77 billion to airline customers and $500 million to a crash victim beneficiaries fund, and admitted the statement of facts.1,2,6
Notice to the court of breach of the deferred prosecution agreement
US Department of Justice, 14 May 2024
The Justice Department notified the court that it had determined Boeing breached the 2021 deferred prosecution agreement.2
Proposed plea agreement (submitted 24 July 2024, document listed on the DOJ case page as dated 29 July 2024)
US Department of Justice, 24 July 2024
The Justice Department and Boeing submitted a proposed agreement under which Boeing would plead guilty to the conspiracy charge. The court later rejected it, so no guilty plea was entered.2,7
Order regarding plea agreement
US District Court for the Northern District of Texas (Judge Reed O'Connor), 5 December 2024
The court rejected the proposed plea agreement, finding its diversity and inclusion provision for selecting a monitor rendered it against the public interest and that it marginalised the court in monitor oversight.7
Non-prosecution agreement with The Boeing Company
US Department of Justice, 29 May 2025
Boeing agreed to a total criminal penalty of $487.2 million (including $243.6 million paid in 2021), $444.5 million for heirs and beneficiaries of crash victims, at least $455 million in compliance, quality and safety investment, and an independent compliance consultant for the two year term of the agreement. Boeing admitted the statement of facts and that the facts constitute a violation of 18 U.S.C. 371. The Department agreed to move to dismiss the one count information without prejudice.3
Order granting the Government's Rule 48(a) motion to dismiss
US District Court for the Northern District of Texas (Judge Reed O'Connor), 6 November 2025
The court dismissed the criminal information. It agreed with objecting families that the agreement fails to secure necessary accountability but held it lacked authority to deny dismissal because it disagreed with the Government.8
In re Ryan, Nos. 25-11253 and 25-11254, per curiam opinion (Judges Southwick, Duncan and Engelhardt)
US Court of Appeals for the Fifth Circuit, 31 March 2026
The court denied the families' mandamus petitions. It held the challenge to the 2021 deferred prosecution agreement moot, found no Crime Victims' Rights Act violation regarding the 2025 agreement, and held it lacked jurisdiction to review the dismissal on the merits.9
Order denying rehearing and rehearing en banc, revised opinion
US Court of Appeals for the Fifth Circuit, 22 May 2026
Panel rehearing and rehearing en banc were denied and a revised opinion was substituted, with the petitions still denied. The mandate issued on 18 June 2026 according to the Justice Department case page.2,10
What was established?
- In court-filed agreements in 2021 and 2025 Boeing admitted that two of its 737 MAX technical pilots deceived the FAA Aircraft Evaluation Group about MCAS.1,3
- The Justice Department determined in May 2024 that Boeing had breached the 2021 deferred prosecution agreement.2,9
- The criminal information was dismissed on 6 November 2025 and the Fifth Circuit declined to disturb the dismissal.8,9,10
Distinctions that matter here
- A deferred prosecution agreement and a non-prosecution agreement are not convictions.
- Boeing agreed to plead guilty in 2024 but the court rejected that plea agreement, so no guilty plea was ever entered.
- Admitting a statement of facts in an agreement is not the same as a court finding of guilt.
- Under the non-prosecution agreement the Justice Department agreed to seek dismissal without prejudice. The dismissal order itself was not read as stating this expressly.
Was liability determined?
No. The case was dismissed. The charge was dismissed under Rule 48(a) on 6 November 2025 on the Justice Department's motion, which the non-prosecution agreement required to seek dismissal without prejudice. There is no conviction. Boeing admitted the statement of facts in the agreements and, in the 2025 agreement, that those facts constitute a violation of 18 U.S.C. 371, but this is not a guilty plea or verdict.3,8
What remains unresolved?
- No US Supreme Court petition by the victims' families was found in searches or on the DOJ case page (last updated 24 July 2026), but its absence was not confirmed on the Supreme Court docket.
- Whether Boeing completes the non-prosecution agreement term without a further breach determination.
What is the current status?
As of 30 October 2026 the charge against Boeing stands dismissed and the Fifth Circuit's denial of the families' petitions is final at that court, with the mandate issued on 18 June 2026.2,10
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- Lion Air Flight 610 crash.1
- Ethiopian Airlines Flight 302 crash. The Justice Department said the two crashes killed 346 people.1
- Charge filed and deferred prosecution agreement announced.1
- Boeing pleads not guilty at arraignment.2
- Justice Department notifies court of breach of the deferred prosecution agreement.2
- Proposed guilty plea agreement submitted to the court.2
- Judge O'Connor rejects the plea agreement.7
- Non-prosecution agreement signed and dismissal sought.3
- Court grants motion to dismiss.8
- Fifth Circuit denies families' mandamus petitions.9
- Fifth Circuit denies rehearing and issues revised opinion.10
- Fifth Circuit mandate issues.2
Sources
- US Department of Justice, Office of Public Affairs, Boeing Charged with 737 Max Fraud Conspiracy and Agrees to Pay over $2.5 Billion, 7 January 2021 · document record Government, parliamentary or audit document
- US Department of Justice, Criminal Division Fraud Section, United States v. The Boeing Company (case page) · document record Government, parliamentary or audit document
- US Department of Justice, Non-Prosecution Agreement, The Boeing Company, 29 May 2025 · document record Government, parliamentary or audit document
- Claims Journal (Bloomberg), Boeing Avoids US Criminal Charge in 737 Max Jet Crash Case (Bloomberg, republished), 6 November 2025 Independent reporting
- News4Jax (Associated Press), US appeals court denies bid from families of Boeing 737 Max crash victims to reopen criminal case (AP), 31 March 2026 Independent reporting
- US Department of Justice, Deferred Prosecution Agreement, 7 January 2021 · document record Court, legislation, official register or regulator record
- US District Court for the Northern District of Texas (hosted by DOJ), Order regarding plea agreement, United States v. The Boeing Company, 5 December 2024 · document record Court, legislation, official register or regulator record
- US District Court for the Northern District of Texas (hosted by DOJ), Order granting motion to dismiss, United States v. The Boeing Company, 6 November 2025 · document record Court, legislation, official register or regulator record
- US Court of Appeals for the Fifth Circuit, In re Ryan, Nos. 25-11253 and 25-11254, opinion, 31 March 2026 · document record Court, legislation, official register or regulator record
- US Court of Appeals for the Fifth Circuit (hosted by DOJ), Order denying rehearing and amended opinion, In re Ryan, 22 May 2026 · document record Court, legislation, official register or regulator record
Revision history
- 30 October 2026: First published after source verification.
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