OceanGate could face a FEDERAL probe of ‘negligent homicide’ if Titanic Five aren’t found alive

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.com 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.’

The world is praying for a ‘miracle’ after the US Coast Guard predicted the vital oxygen supply of the Titan would end at 7.08am EST.

Billionaire Hamish Harding, CEO of Action Aviation in Dubai, and Shahzada Dawood, 48, a UK-based board member of the Prince’s Trust charity, plus his son Suleman Dawood, 19, are all on board.

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.com 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.

However, there is some hope for the family members if they choose to submit legal filings in Washington, where the company is based.

Los Angeles personal injury attorney Miguel Custodio, co-founder of Custodio and Dubey LLP, told DailyMail.com that the families of the missing would find it difficult to prove their case in court if the incident ends in tragedy.

He said: ‘Everyone on board knew this wasn’t a vacation or sightseeing, that it was really an exploration into the unknown at one of the deepest points on the planet.

‘The price-tag itself is a clear indication that this is something big and serious. The trip itself was dangerous and there was a real possibility that things could go wrong.

‘I don’t see much recourse for these families in court, but the waiver could be challenged if it can be found that OceanGate was negligent in the way it was being designed or operated, and that caused the submersible to be lost.

”The venue for any lawsuit will also make a difference and OceanGate Expeditions is based in Washington state, one of the few that can award partial damages in negligence cases.

Since the sub went missing, many former passengers have commented on how rudimentary parts of the vessel appeared – despite signing the form and completing the trip.

The sub lost communications with its operator, OceanGate Expeditions, less than two hours into its dive to the famous shipwreck on Sunday.

A glimmer of hope lit up the bleak search yesterday when the Coast Guard announced that ‘banging’ sounds had been detected underwater.

But a sonar expert told DailyMail.com that the sounds heard by search and rescue vessels are likely to be ‘debris’ and ‘junk’ from the iconic wreck.

Prof Karson said he won’t be ‘shocked if that, wherever that sound is, that there’s no submarine there.’

He added: ‘One possibility is that the sounds bouncing around the debris. And so it’s a more complicated echo.

‘It’s just not bouncing off of one thing. It’s bouncing off a bunch of things. And it’s like, you know, dropping up a marble into a tin can. It’s rattling around and that would confuse the location.

‘The banging, I hear the Coast Guard talk about it. I wonder how much of this is just wishful thinking?

‘Is it really banging or just some unidentified sound? I think that is a more accurate description right now.

‘In past investigations, looking for lost objects on the seafloor, I know that all sorts of crazy sound was discovered. It’s just one more thing we don’t understand about the ocean, our own planet.

‘There’s no telling where the sound is coming from or how far away it is. Personally, I’m worried that sound may be coming from something that’s far from the where they need to be looking.’

Multi-national vessels quickly raced to the site that is 900 miles east of Cape Cod and around 400 miles southeast of Newfoundland.

There are multiple C-130 planes and Boeing Poseidon P-8s involved in the search too, as the Coast Guard searched 10,000 square miles of ocean surface – currently to no avail.

A deep-water robot sub has reached the Atlantic floor – and a Canadian ROB is currently descending the 12,500ft of ocean.

L’Atalante, a French ship, viewed as the best and final hope of finding the missing Titanic submersible has also dropped its remote-controlled sub to find five missing adventurers.

It deployed Victor 6000, which can reach depths of 20,000ft, and has already arrived at the Titanic’s wreck to scour the sea bed.

Victor 6000 has arms that can cut cables – or dislodge a trapped or stranded vessel – and may be able to fix a cable onto the sub before it is hauled several miles to the surface by a giant winch with more than three miles of cable called a Flyaway Deep Ocean Salvage System on Horizon Arctic.

Despite fears their oxygen supplies have run out, there is still hope in the most desperate of situations.

Experts believe that the 96-hour oxygen supply number is an imprecise estimate and could be extended if those on board have taken measures to conserve breathable air including lying still and even sleeping.