Background
Following two Boeing 737 MAX crashes that killed hundreds, the Department of Justice investigated and charged Boeing with conspiracy to defraud. After a prior deferred prosecution agreement was breached, the Department entered a non-prosecution agreement and moved to dismiss the charges. Families of the victims challenged these actions under the Crime Victims Rights Act, alleging violations of their rights to confer and be treated fairly.
The court’s reasoning
The court first determined that the challenge to the 2021 deferred prosecution agreement was moot because the agreement was breached and no longer legally binding. Regarding the 2025 non-prosecution agreement, the court found the Department had conferred with the families during a video call and that the record did not support claims that the government misled them about the agreement’s timing or the ability to refile charges. Finally, the court held that the Crime Victims Rights Act does not grant appellate courts jurisdiction to review the merits of a district court’s decision to dismiss a criminal prosecution under Rule 48.
What it means going forward
The denial of mandamus leaves the non-prosecution agreement and the dismissal of charges against Boeing in place, preventing the victims’ families from pursuing further appellate review of the dismissal under the Crime Victims Rights Act.
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