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 agency told a federal judge on Tuesday.

It is now up to the Justice Department to weigh whether to file charges against the aircraft maker.

The Justice Department said Tuesday in a filing in federal district court in Texas that Boeing failed to make changes to prevent it from violating federal anti-fraud laws a condition of the 2021 settlement.

The determination means that Boeing could be prosecuted for any federal criminal violation of which the United States has knowledge, including the charge of fraud that the company hoped to avoid with the $2.5 billion settlement, the Justice Department said.

However, it is not clear whether the government will prosecute the manufacturing giant.

The Government is determining how it will proceed in this matter, the Justice Department said in the court filing.