The Department of Justice has determined that Boeing breached its 2021 agreement that deferred criminal charges against Boeing for the deaths of 346 in two 737 MAX plane crashes more than five years ago.

In a letter dated May 14, 2024 to victims’ families, the Department said it had determined that Boeing had breached its obligations under the deferred prosecution agreement by “failing to design, implement, and enforce a compliance and ethics program to prevent and detect violations of the U.S. fraud laws throughout its operations” and as a result Boeing is now subject to criminal prosecution.

The Department said that Boeing shall have the opportunity to respond in writing to “explain the nature and circumstances of such breach” as well as the actions Boeing has taken to address and remediate the situation, which explanation the Department “shall consider in determining whether to pursue prosecution of Boeing.”

In the letter to the families, the Department said it will be meeting with the Boeing crash victim families on May 31, 2024, “to confer with you about its breach decision and potential next steps.”