The Justice Department has determined that Boeing violated a settlement that allowed the company to avoid criminal prosecution after two deadly crashes involving its 737 Max aircraft.

The Justice Department has determined that Boeing violated a settlement that allowed the company to avoid criminal prosecution after two deadly crashes involving its 737 Max aircraft, prosecutors told a federal judge on Tuesday.

It is now up to the Justice Department to weigh whether to file charges against the aircraft maker. Prosecutors will tell the court no later than July 7 how they plan to proceed, the Justice Department said.

Boeing failed to make changes to prevent it from violating federal anti-fraud laws — a condition of the the 2021 settlement, Glenn Leon, the head of the fraud section of the Justice Department’s criminal division said in a letter.