Plea Bargain Skepticism When Companies Kill People

Authors

• Peter R. Reilly, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

5-2026

Journal Title

Ohio State Law Journal

ISSN

0048-1572

Abstract

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to that tool in disposing of cases in which corporate misconduct has resulted in people dying. The Article exam-ines the particular type of agreement—a “C” plea—that DOJ selected to resolve the Boeing matter. The “C” plea is uniquely ill-suited for achieving justice in the context of corporate crime, and the Article explains how the agreement works to derail transparency and accountability, specifically by impeding judicial discretion, hindering crime victims’ rights, and hobbling the search for truth. The Article is important because it spotlights a prosecu-torial tool that has not received the full measure of scrutiny and criticism it deserves. The Article concludes by discussing possible court responses when the government proposes a “C” plea in addressing deadly corporate crime, and how courts can help ensure that justice, including procedural justice, can ultimately be achieved in such cases.

First Page

1033

Last Page

1080

Num Pages

48

Volume Number

86

Issue Number

5

Publisher

Ohio State University Michael E. Moritz College of Law

Recommended Citation

Peter R. Reilly, Plea Bargain Skepticism When Companies Kill People, 86 Ohio St. L.J. 1033 (2026).
Available at: https://scholarship.law.tamu.edu/facscholar/2372

File Type

PDF