A legal expert says that OceanGate could face a federal probe into any criminal liability if the ‘Titanic Five’ are not found alive – as oxygen on the missing submersible is feared to have run out.
They say that a ‘combination’ of governments will likely investigate the tragedy in international waters, but the US is expected to lead the inquiry.
Debris has been found in the search for the 22ft submersible, which vanished with five men on board after it lost communication during the 12,500ft dive below the Atlantic.
Criminal defense attorney Joshua Ritter, a partner with El Dabe Ritter Trial Lawyers, told DailyMail that the waiver signed by those on board doesn’t mean those in charge are ‘totally protected from criminal liability.’
The former LA County prosecutor said: ‘The question of whether OceanGate could face criminal liability has yet to be answered, but some government or perhaps a combination of governments will definitely investigate this tragedy.
‘The U.S. government is the most likely entity to head up this investigation, because OceanGate is based in Washington state.
‘The U.S. government will most likely conclude that it has jurisdiction to investigate, even though the company operated in international waters.
‘I would compare this incident in some respects to a case in Arizona where three people died in 2009 from participating in a sweat lodge.
‘A self-help entrepreneur who ran that sweat lodge was eventually convicted of negligent homicide.
‘People can give consent to participate in dangerous activities, but that doesn’t mean whoever is in charge is totally protected from criminal liability.
‘If an investigation reveals the participants were misled about the risks or pressured to agree to activities they would normally avoid, then it can lead to criminal charges.
‘For the company to use a video game controller to steer this submarine, that’s the kind of thing that makes this ripe for an investigation.
‘However, the CEO of the company is among the missing, and if he does not survive this whole episode that will cloud the question of who bears ultimate responsibility.’
OceanGate CEO Stockton Rush is also on the vessel, which vanished on Sunday, along with French Navy veteran PH Nargeolet – who is considered the world’s leading expert on the Titanic.
Former federal prosecutor Christine Adams, a partner at Los Angeles-based Adams, Duerk & Kamenstein added: ‘If U.S. authorities ever file criminal charges against anyone associated with this submarine, it would likely follow a lengthy investigation that involved multiple agencies.
‘For comparison’s sake, after the fatal shooting on the New Mexico set of ‘Rust,’ the FBI, the local sheriff’s department, the local District Attorney’s Office and the state OSHA agency all joined the investigation.
‘This latest case would probably be even more complicated. The U.S. government would have jurisdiction because OceanGate is based in Washington state and the governments of other countries, such as France and Britain, whose nationals were riding on this submersible, would likely seek information on the investigation from the Biden administration through diplomatic channels.
‘What happened in international waters would be relevant, but what happened in the United States would likely be just as relevant, if not more so.
‘After an investigation, if U.S. authorities find evidence pointing to criminal recklessness or negligence in violation of a federal statute, prosecutors could bring charges.
‘If anyone from OceanGate engaged in criminal conduct, this likely occurred in the United States, most likely in Washington state, where officials from the company were making decisions about how to conduct these deep ocean dives.
‘For these reasons, the investigation would likely be focused as much on what happened in the United States, as it would be on what happened in international waters. But it’s way too early to say if criminal charges are warranted.
‘It comes after other legal experts told DailyMail that relatives of the Titanic five may not be able to claim the company was negligent because their loved ones ‘knew it was big and serious,’ after a waiver mentioned the possibility of dying three times.
