WASHINGTON ( CNN ) -- Federal law enforcement authorities are discussing what to do with the lone surviving pirate captured Sunday off Somalia 's coast after a successful military rescue abruptly ended a five-day hostage standoff at sea . A Kenyan police officer guards the U.S.-flagged Maersk Alabama at a Mombasa port Sunday . According to sources familiar with the case , U.S. government officials are weighing potential legal hurdles they may face if the young Somali captive is flown to New York or Washington to face federal criminal charges . Officially , the government is virtually mum on the discussions . `` The Justice Department continues to review the evidence and other issues to determine whether to seek prosecution of this individual in the United States , '' said Dean Boyd , spokesman for the Justice Department National Security Division . Sources who asked not to be identified because they are not authorized to discuss the matter said the detained Somali youth remains in military custody , but is likely to be turned over eventually to the FBI for transport to the United States . Watch how the Navy deals with pirates » . New York-based FBI agents are assisting Nairobi-based agents in collecting evidence and conducting interviews . Some officials say it appears most likely the captive initially would be flown to New York to stand trial . However , sources stress no decisions have been made on when or where the young pirate would face justice . Investigators face the early and potentially difficult task of determining whether the Somali suspect is at least 18 years of age . Initial reports from the Horn of Africa have indicated the young man is anywhere from 16 to 19 years old . Officials note that authoritatively establishing his identity and date of birth in a lawless country , where records are often lost or burned , if they ever existed at all , may be problematic . Even if officials determine the Somali youth is a juvenile , he could be presented to a magistrate in a U.S. District Court . Justice Department records indicate such occurrences are rare , with juveniles accounting for less than 1 percent of criminal defendants . The latest available figures show among the thousands of federal prisoners , about half of the 200-plus defendants 17 or younger are held for trial as adults , while the other half are detained as juveniles . Whether adult or juvenile , the Somali captive could be charged under an international treaty to which the United States is a signatory that carries penalties of up to life in prison . Watch how U.S. could deal with captured pirate » . The 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation has been used to prosecute pirates in other countries . The agreement allows for pirates and hostage takers on the high seas to be prosecuted in any country which signed the treaty , without regard to which national flag a ship was flying . Former FBI official and CNN contributor Tom Fuentes , who supervised international operations for the FBI , recalls agents providing critical help in winning the conviction in a Kenyan courtroom of 10 pirates captured in 2006 with the help of the U.S. military . The USS Nassau had come to the aid of an Indian ship on which pirates were holding 16 Indian hostages . Shots were fired , prompting the pirates to surrender . `` The government of Kenya wanted to prosecute the case , so the Justice Department and State Department agreed to that . We said 'Let 's teach them to fish ' , '' Fuentes said . Watch report on pirates ' deadly new goal » . He said FBI agents ended up spending six months working with Kenyan authorities on how to conduct interviews , handle and protect evidence , and shape a prosecution that would stand up in any courtroom in the world . The pirates were convicted and sentenced to seven years in prison . Officials familiar with the current case say the lone Somali suspect in U.S. military custody could be turned over to Kenya or another country in the region if barriers to a U.S. prosecution appear to be daunting . However , because the ship was U.S.-flagged and the seized sea captain was a U.S. citizen , federal authorities will want to prosecute the case on U.S. soil if at all possible , according to one federal law enforcement official . Another official said it was probable that if a charge against the Somali is filed in a U.S. court , the action would be filed under a court seal and kept secret from the public until the suspect suddenly appears in court to hear the charge read by a magistrate judge . Officials indicate such developments are not likely to occur soon .
Legal hurdles abound if Indian captive is flown to U.S. for prosecution . Suspect in United States military custody could be turned over to United States or another country . Complicating issue is suspect 's age , reportedly 200-plus .