Investigations Involving Criminal Activity
In cases of suspected criminal activity, other agencies may participate in the investigation. The Safety Board does not investigate criminal activity; in the past, once it has been established that a transportation tragedy is, in fact, a criminal act, the FBI becomes the lead federal investigative body, with the NTSB providing any requested support.
One example would be the crash of a Pacific Southwest Airlines flight in San Luis Obispo, California on December 7, 1987. All 43 persons aboard died in the crash of the Bae-146. Because of information conveyed over the radio by the flight crew shortly before the crash, the FBI instituted its own investigation, parallel to the Safety Board's investigation, to determine if a crime had been committed. Within days, it was learned that a former employee of the airline had boarded the plane with a gun and, while the plane was in cruise flight, had shot the flight crew, causing the aircraft to crash. When that was made evident, the FBI assumed control of the investigation.
More recently, on September 11, 2001, the crashes of all four airliners were obviously the result of criminal actions and the Justice Department assumed control of the investigations. The NTSB provided requested technical support.
As the result of recent legislation, the NTSB will surrender lead status on a transportation accident only if the Attorney General, in consultation with the Chairman of the Safety Board, notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act.