What role does the FBI play in the investigation of an aviation accident?

UPDATED: Jul 18, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 18, 2023

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UPDATED: Jul 18, 2023Fact Checked

Under federal law, most “major” airplane crashes (approximately 2,000 annually) are under the jurisdiction of the National Transportation Safety Board (NTSB). The NTSB has the power to designate other agencies as “parties” to the investigation: once a crime is suspected, the FBI will be designated as the lead party by the NTSB. The FBI’s initial role is to investigate the possibility of sabotage or some other criminal act that may have contributed to the accident. Though the FBI is frequently consulted in many aviation crashes, they take over jurisdiction only in cases where criminal acts apparently form the reason or motive for the accident, or where some specific federal law requires FBI involvement.

Role of the FBI

The role of the FBI is usually dependent on where the crash occurs and what local resources are available. For instance, the FBI has a special training agreement with Universal Studios in California to teach plane crash investigation training in their facilities. Its evidence response team (ERT) training makes the FBI staff in California some of the best experts in crash scene investigations.

Examples of FBI Involvement

There have also been more post-9/11 instances where the FBI will act as the lead agency in plane crashes. For example, when a solo plane crashed into an Austin, Texas office building in February 2010, the FBI was placed almost immediately in charge of the investigation. One of the triggers for the immediate FBI placement was the discovery that the pilot had also burned down his home. Since this evidence pointed toward the likelihood of a crime scene rather than an aviation accident, it was necessary to have a comprehensive response from the FBI.

When the plane carrying US Senator Paul Wellstone crashed in 2002, the FBI entered the investigation almost automatically. Though not the lead agency in the investigation, the FBI had special resources to obtain evidence of possible crimes. For example, the FBI searched Senator Wellstone’s office and obtained threatening correspondence. However, the role of the FBI was not to pursue this as a criminal aviation case. Instead, the FBI contacted the Washington, D.C. police department’s Threat Assessment Division and shared the threatening postcard as evidence of a potential crime, within D.C.’s jurisdiction.

Case Studies: FBI Involvement in Aviation Accident Investigations

Case Study 1: SilkAir Flight 185

SilkAir Flight 185, a Boeing 737-300, crashed into the Musi River in Indonesia during a flight from Jakarta to Singapore, resulting in the tragic loss of all 104 passengers and crew on board. The FBI was requested to assist in the investigation due to suspicions of foul play. The crash raised concerns about the actions of the captain, as well as the possibility of sabotage or deliberate criminal intent.

The Indonesian National Transportation Safety Committee (NTSC) led the investigation, and it was determined that the probable cause of the crash was due to the deliberate actions of the captain. The captain, Tsu Way Ming, was found to have intentionally disconnected the aircraft’s flight data recorder and cockpit voice recorder, leading to the loss of critical data and evidence. Although the exact motive behind the captain’s actions remains uncertain, the investigation ruled out mechanical failure as the cause of the crash.

Case Study 2: Germanwings Flight 9525

Germanwings Flight 9525, an Airbus A320, crashed in the French Alps during a flight from Barcelona to Düsseldorf, claiming the lives of all 150 people on board. The FBI was involved in the investigation as the aircraft manufacturer, Airbus, is a multinational company with ties to the United States. Additionally, given the international nature of the crash, various countries’ investigative agencies collaborated, including the FBI.

The French Bureau of Enquiry and Analysis for Civil Aviation Safety (BEA) spearheaded the investigation, which revealed that the co-pilot, Andreas Lubitz, deliberately initiated a controlled descent while the captain was outside the cockpit. Lubitz had a history of mental health issues and had intentionally crashed the plane, committing suicide along with all the passengers and crew. The tragedy brought attention to the importance of mental health screening and monitoring for airline pilots.

Case Study 3: MetroJet Flight 9268

MetroJet Flight 9268, an Airbus A321, crashed in the Sinai Peninsula shortly after take-off from Sharm El Sheikh International Airport, en route to St. Petersburg, Russia. All 224 people on board perished in the crash. The FBI offered assistance to Egyptian and Russian authorities to determine the cause of the crash. The incident raised concerns about the possibility of terrorism or a criminal act.

The Egyptian-led investigation, along with Russian and other international agencies, concluded that the crash was the result of a bomb placed on the aircraft. The Islamic State claimed responsibility for the attack, stating that it was in response to Russia’s military involvement in Syria. The incident led to increased security measures at airports and renewed focus on potential threats to aviation security.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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