The company behind the doomed submersible that went missing on a mission to the wreck of the Titanic could face a federal probe for 'negligent homicide', a legal expert has said.
OceanGate may face the probe if the Titan submarine is not found with all five passengers alive - as it turns out that the release forms, which mention 'death' three times, do not actually protect the firm from 'criminal liability.'
Criminal defence attorney Joshua Ritter, a partner with El Dabe Ritter Trial Lawyers, said that a combination of governments are likely to get involved and investigate the company - likely all on their own terms.
This could mean that OceanGate could face several criminal charges from both the United States and Canada.
Hamish Harding, Stockton Rush, Paul-Henry Nargeolet, Shahzada Dawood, and his son, 19-year-old Suleman all went missing inside the submersible on a dive to visit the ruins of the Titanic on Sunday morning.
With 96 hours of emergency oxygen on board, it is feared that it has run out at this point and the rescue mission is turning into a salvage.
Mr Ritter, a former LA County prosecutor, told the Mail: "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 US government is the most likely entity to head up this investigation, because OceanGate is based in Washington state.
"The US government will most likely conclude that it has jurisdiction to investigate, even though the company operated in international waters."
Mr Ritter compared the incident to a case in Arizona where three people died in 2009 from participating in a sweat lodge, with a self-help entrepreneur eventually being convicted of negligent homicide.
He said that, while people can give consent to participate in dangerous activities, it does not completely protect companies and bosses from criminal liability.
He added to the Mail: "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."
Besides running out of oxygen, experts speculate that the passengers could be trapped without heat, succumb to hypothermia or even face enormous pressure from the ocean around them, crushing the submarine.
David Gallo, a senior adviser for Strategic Initiatives, RMS Titanic, has warned that "the water is very deep - two miles plus. It's like a visit to another planet, it's not what people think it is. It is a sunless, cold environment, and high pressure."
