It is unlikely that Boeing executives will be charged in the 737 MAX crash, according to sources.

Mike Spector

NEW YORK (Reuters) – It is unlikely that Boeing executives will be criminally charged for fatal crashes in 2018 and 2019 that killed 346 people, U.S. Justice Department officials told victims’ families at a meeting.

The details were corroborated on Friday by a person familiar with the meeting and Reuters reviewed the correspondence.

The prosecution deadline for most federal crimes is five years.

The Justice Department found in mid-May that Boeing (NYSE:) violated a 2021 Deferred Prosecution Agreement (DPA) that shielded the company from criminal charges arising from fatal crashes.

Officials agreed to ask a judge to dismiss the Federal Aviation Administration (FAA) conspiracy to defraud charges as long as Boeing complies with the terms of the contract for three years, until Jan. 7, 2024.

But an explosion on board two days before the contract expired exposed ongoing safety and quality issues. A panel blew up a new Boeing 737 MAX 9 jet during an Alaska Airlines flight on Jan. 5.

Boeing has until June 13 to outline its disagreement with the department’s finding that it violated the 2021 agreement.

Authorities must notify a federal judge in Texas of their plans by July 7.

Boeing said it believes it has “honored the terms of the agreement” and looks forward to hearing from the Justice Department.

The Justice Department did not immediately respond to a request for comment.

The department is considering several options, including whether to prosecute Boeing or extend the DPA for one year. Officials may also enter into new DPAs or reach non-prosecution agreements that do not involve court oversight.

Officials may also attempt to negotiate an appeal with Boeing on the fraud charges in 2021 or take the company to trial.

Boeing could be charged for its actions during the three-year term of the DPA, but officials have found no evidence of serious crimes committed during that period, prosecutors told the victims’ families, according to a source familiar with the meeting.

The victims’ families are discussing asking authorities to increase Boeing’s sentence if he is indicted and found guilty, sources told Reuters.

He added that Justice Department officials at the meeting said they could not prove federal murder or fraud cases involving aircraft parts beyond a reasonable doubt.