In re Naoise Connolly Ryan; Emily Chelangat Babu; Joshua Mwazo Babu; Catherine Berthet; Huguette Debets
May 22, 2026·25-11254·Per Curiam·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit denied petitions for writ of mandamus filed by families of crash victims challenging a non-prosecution agreement between the Department of Justice and Boeing.
Following two fatal Boeing 737 MAX crashes in 2018 and 2019, the Department of Justice investigated and charged Boeing with conspiracy to defraud. After a breach of a prior deferred prosecution agreement, the Department entered a non-prosecution agreement with Boeing, leading to a motion to dismiss. Families of the victims challenged these actions under the Crime Victims Rights Act.
The court’s reasoning
The court held that the challenge to the 2021 deferred prosecution agreement was moot because Boeing breached the agreement, releasing the Department from its obligations. Regarding the 2025 non-prosecution agreement, the court agreed with the district court that the Department did not act in bad faith and did not violate the families’ rights under the Crime Victims Rights Act.
What it means going forward
The dismissal of charges against Boeing stands, and the non-prosecution agreement remains in effect.
