A federal judge has set a trial date in the criminal fraud case against Boeing, the latest step in the grinding legal process following two fatal 737 MAX crashes six years ago.
U.S. District Judge Reed O’Connor on Tuesday set a trial date, potentially changing the course of the prosecution after several months of behind-the-scenes discussions between Boeing and the Justice Department.
After the crashes in 2018 and 2019, which killed a total of 346 people, the Justice Department charged Boeing with fraud related to allegations that the company intentionally misled safety regulators about a new software system on the MAX.
Boeing agreed in July to plead guilty, part of a plea deal with the Justice Department, but O’Connor rejected the deal in December. That sent Boeing and the Justice Department back to discussions.
O’Connor had set an April 11 deadline for Boeing and the Justice Department to provide an “update on how they plan to proceed.”
But on Tuesday he vacated that deadline and set a trial for June 23 in Fort Worth, Texas.
The families who lost loved ones in the MAX crashes welcomed the news of a trial on Tuesday. They have pushed for the Justice Department to do more to hold Boeing accountable and hope a trial will lead to that result.
“We are pleased to see Judge O’Connor set this case for trial,” said Sanjiv Singh, an attorney who is representing 16 families who lost loved ones in the first crash, in Indonesia in 2018. “We hope that the Justice Department will agree that a corporate entity which killed hundreds of people and endangered millions of lives should be held accountable.”
A Boeing spokesperson said Tuesday the company and the Justice Department “continue to be engaged in good faith discussions regarding an appropriate resolution of this matter.”
In the years since the fatal crashes, Boeing has twice entered into deals with federal prosecutors that would have allowed the company to avoid trial.
In 2021, Boeing and the Justice Department entered into a deferred prosecution agreement that set conditions for the company to meet over the next three years. Days before that agreement expired, a panel blew off a 737 MAX plane in January 2024, leading to fresh concerns about Boeing’s quality and manufacturing processes.
The Justice Department determined in May that Boeing had violated the terms of the deferred prosecution agreement, opening the door to a trial or plea deal.
In July, Boeing and the Justice Department agreed on a plea deal, which would have required Boeing to pay a $244 million fine, commit $455 million to improve compliance, quality and safety programs, and hire an independent monitor to oversee its processes.
O’Connor rejected that deal in December in part because the government said it would consider diversity when selecting the independent monitor.
That monitor was one of the few things that set the plea deal apart from the earlier deferred prosecution agreement, and something that the families who lost loved ones in the crashes had been hoping to see.
Catherine Berthet, who lost her daughter Camille Geoffroy in the second fatal crash in Ethiopia in 2019, said in a December statement she was “relieved” O’Connor rejected the plea deal. She was hopeful that decision would lead to more accountability for the company, though she knew the victims’ families would have to remain “vigilant” in order to get there.
“I am confident that justice will be served and that there is only one way to achieve this: a fair trial,” Berthet said.
Since the December order rejecting the plea deal, Boeing and the Justice Department have repeatedly asked the court for more time to continue discussions.
On Monday, in an unexpected turn, the Wall Street Journal reported that Boeing was seeking to withdraw its guilty plea agreement.
The company hoped to benefit from “more lenient treatment” from President Donald Trump’s Justice Department, The Wall Street Journal reported, citing people familiar with the matter.
O’Connor set a trial date the next day.
Mark Lindquist, another attorney representing some victims’ families, said Tuesday it appears “the judge has lost patience with Boeing.”
“His message seems to be, ‘accept responsibility or go to trial. No more delays,’” Lindquist said.
There’s no guarantee that Boeing goes to trial even though there’s a date set. The company and the Justice Department could agree on another plea deal, attorneys representing the victims’ families said.
Still, attorney Paul Cassell said, “we’re pleased with today’s order. The families have waited more than four years for justice in this case. In light of today’s order, the families won’t have to wait any longer than June 23.”