Home / Issues / The Boeing Company's 737 MAX fraud-conspiracy case: 2021 deferred prosecution agreement, 2024 breach finding, and 2025 non-prosecution agreement

The Boeing Company's 737 MAX fraud-conspiracy case: 2021 deferred prosecution agreement, 2024 breach finding, and 2025 non-prosecution agreement

Decidedas of 31 Oct 2026United StatesThe Boeing Companydraft

Current status

Confirmed fact · as of 7 Jan 2021

The 2021 resolution was a DEFERRED PROSECUTION AGREEMENT on a single fraud-conspiracy count, not a conviction; Boeing was never convicted at trial on this charge.

A U.S. Department of Justice, Boeing Charged with 737 Max Fraud Conspiracy and Agrees to Pay over $2.5 Billion (7 Jan 2021) · retrieved 31 Oct 2026 · A U.S. Department of Justice, Criminal Division (Fraud Section), Case summary: United States v. The Boeing Company (N.D. Tex. No. 4:21-CR-005-O) (18 Jun 2026) · retrieved 31 Oct 2026

Confirmed fact · as of 6 Nov 2025

The DOJ found in May 2024 that Boeing had BREACHED the DPA; a proposed 2024 plea agreement was then REJECTED by the court in December 2024; the case ultimately ended with a 2025 non-prosecution agreement and the dismissal of the charge on 6 November 2025.

A U.S. Department of Justice, Criminal Division (Fraud Section), Case summary: United States v. The Boeing Company (N.D. Tex. No. 4:21-CR-005-O) (18 Jun 2026) · retrieved 31 Oct 2026

Confirmed fact · as of 18 Jun 2026

The Fifth Circuit denied crash-victims' families' mandamus petitions on 31 March 2026, finding the non-prosecution agreement did not violate the Crime Victims' Rights Act; the mandate issued on 18 June 2026.

A U.S. Department of Justice, Criminal Division (Fraud Section), Case summary: United States v. The Boeing Company (N.D. Tex. No. 4:21-CR-005-O) (18 Jun 2026) · retrieved 31 Oct 2026

Unanswered question · as of 29 May 2025

The precise dollar terms of the 29 May 2025 non-prosecution agreement are set out in the NPA document rather than in the DOJ case summary cited here; secondary reporting put the additional payments and compliance commitments at more than USD 1.1 billion.

C PBS NewsHour / Associated Press, DOJ reaches deal to allow Boeing to avoid prosecution over 737 Max crashes (23 May 2025) · retrieved 31 Oct 2026

Superseding event · 6 Nov 2025

The 2021 deferred prosecution agreement was not the end of the matter: a 2024 breach finding, a rejected plea, and a 2025 non-prosecution agreement and dismissal superseded it; appeals concluded in 2026.

A U.S. Department of Justice, Criminal Division (Fraud Section), Case summary: United States v. The Boeing Company (N.D. Tex. No. 4:21-CR-005-O) (18 Jun 2026) · retrieved 31 Oct 2026

Last reviewed 31 Oct 2026. An initial allegation is not the final event; this block is always shown.

How it unfolded

Issue raised · 7 Jan 2021

Proposition: The US Department of Justice charged that The Boeing Company, through two of its 737 MAX Flight Technical Pilots, conspired to defraud the Federal Aviation Administration's Aircraft Evaluation Group about the Maneuvering Characteristics Augmentation System (MCAS) during the aircraft's certification, in the period surrounding the Lion Air Flight 610 (29 October 2018) and Ethiopian Airlines Flight 302 (10 March 2019) crashes, which together killed 346 people.

Affected parties: The Boeing Company, U.S. Department of Justice, Federal Aviation Administration, families and representatives of the 346 crash victims

Originating record: A U.S. Department of Justice, Boeing Charged with 737 Max Fraud Conspiracy and Agrees to Pay over $2.5 Billion (7 Jan 2021) · retrieved 31 Oct 2026

Response · The Boeing Company · 7 Jan 2021

Attributed claim · as of 7 Jan 2021

At the 2021 agreement Boeing accepted responsibility for the conduct of the two employees described in the charge and committed to compliance and remediation obligations under the deferred prosecution agreement. Boeing's position across later stages, as recorded in the court docket, was contested by crash-victims' families, who argued the successive agreements did not adequately hold the company to account. — The Boeing Company

A U.S. Department of Justice, Boeing Charged with 737 Max Fraud Conspiracy and Agrees to Pay over $2.5 Billion (7 Jan 2021) · retrieved 31 Oct 2026

Outcome · U.S. Department of Justice; U.S. District Court for the Northern District of Texas (No. 4:21-CR-005-O); U.S. Court of Appeals for the Fifth Circuit · 6 Nov 2025

closurebinding

Confirmed fact · as of 6 Nov 2025

Recorded precisely by stage. (1) 7 January 2021: the DOJ filed a one-count criminal Information charging conspiracy to defraud the United States (18 U.S.C. section 371) and entered a deferred prosecution agreement; Boeing agreed to pay over USD 2.5 billion, comprising a USD 243.6 million criminal monetary penalty, USD 1.77 billion in compensation to its 737 MAX airline customers and a USD 500 million fund for the heirs and beneficiaries of the 346 people killed. (2) 14 May 2024: the DOJ notified the court that Boeing had breached the DPA by failing to design, implement and enforce a compliance and ethics programme, making the company subject to prosecution. (3) 24 July 2024: the government and Boeing submitted a proposed plea agreement. (4) 5 December 2024: the court rejected the proposed plea agreement. (5) 29 May 2025: the DOJ and Boeing executed a non-prosecution agreement. (6) 6 November 2025: the court granted the DOJ's motion to dismiss the Information, ending the prosecution.

Remedy: Under the 2021 DPA: a USD 243.6m criminal penalty, USD 1.77bn in airline-customer compensation and a USD 500m crash-victim beneficiaries fund. The 2025 non-prosecution agreement provided for further payments and compliance commitments reported at more than USD 1.1 billion, including an additional fine and an additional payment to a crash-victims fund; the exact terms are set out in the NPA rather than in the DOJ case page cited here.

Appeal/review: concluded — After the dismissal, certain families filed mandamus petitions with the Fifth Circuit. On 31 March 2026 the Fifth Circuit denied the petitions, holding the 2021 DPA moot following the 2024 breach and finding that the non-prosecution agreement did not violate the Crime Victims' Rights Act; rehearing and en banc rehearing were denied on 22 May 2026 and the mandate issued on 18 June 2026. A U.S. Department of Justice, Criminal Division (Fraud Section), Case summary: United States v. The Boeing Company (N.D. Tex. No. 4:21-CR-005-O) (18 Jun 2026) · retrieved 31 Oct 2026

How to read this. Allegation, response and outcome are separate, dated records. "Decided/resolved" appears only where a cited outcome supports it. Materially affected parties can request a correction via Corrections & response.