Appeals Court Upholds Dismissal of Boeing Criminal Charge

Jim Kerr··Updated May 1, 2026
Share

APRIL 3 — A U.S. appeals court has upheld the dismissal of a criminal charge against Boeing, affirming the decision made by a federal district court. The Fifth Circuit denied petitions for a writ of mandamus filed by families of victims from the Lion Air Flight 610 and Ethiopian Airlines Flight 302 crashes.

Non-Prosecution Agreement Upheld

The U.S. District Court in the Northern District of Texas granted the Department of Justice motion to dismiss on Nov. 6, 2025. This followed Boeing entering a non-prosecution agreement on May 29, 2025, after a prior breach of its 2021 Deferred Prosecution Agreement regarding certification fraud.

The court emphasized that district courts must uphold Crime Victims Rights Act protections in any ongoing proceedings. While the dismissal is without prejudice to future petitions if Boeing breaches compliance, the ruling rejects attempts to reinstate the charge immediately. Separately, the company must defend against a 737 MAX lawsuit from institutional investors regarding safety compliance.

Follow @AviatorDB on X

Breaking aviation news, NTSB investigations, and industry updates delivered daily.

Follow