Boeing is set to avoid prosecution in a fraud case sparked by two fatal crashes of its bestselling 737 Max jet that killed 346 people, according to sources familiar with the matter.

The US Department of Justice is considering a non-prosecution agreement, relatives of the victims were told on Friday, through which the US aerospace giant would not be required to plead guilty.

While Boeing had agreed to plead guilty to a criminal fraud conspiracy charge and pay a fine of up to $487.2m during the final months of the Biden administration, O’Connor’s decision meant the Trump administration inherited the case.

Under Donald Trump, the justice department has been overhauled, and his administration has faced questions around how aggressively it intends to pursue big companies that break the law.