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A variety of violations can occur under The Employee Retirement Income Security Act of 1974 (ERISA). Some examples of fiduciary violations include the following:
In addition to the fiduciary violations, the Employee Benefits Security Administration (EBSA) also conducts investigations of criminal violations regarding employee benefit plans such as embezzlement, kickbacks, and false statements under Title 18 of the U.S. Criminal Code. Prosecution is handled by the U.S. Attorneys’ Offices. Title 18 contains three statutes which directly address violations involving employee benefit plans:
ERISA also contains the following criminal provisions:
Persons convicted of violations enumerated in 411 are subject to a bar from holding plan positions or providing services to plans for up to 13 years.
Decisions to seek criminal action turn on a number of factors, including:
A variety of violations can occur under The Employee Retirement Income Security Act of 1974 (ERISA). Some examples of fiduciary violations include the following:
In addition to the fiduciary violations, the Employee Benefits Security Administration (EBSA) also conducts investigations of criminal violations regarding employee benefit plans such as embezzlement, kickbacks, and false statements under Title 18 of the U.S. Criminal Code. Prosecution is handled by the U.S. Attorneys’ Offices. Title 18 contains three statutes which directly address violations involving employee benefit plans:
ERISA also contains the following criminal provisions:
Persons convicted of violations enumerated in 411 are subject to a bar from holding plan positions or providing services to plans for up to 13 years.
Decisions to seek criminal action turn on a number of factors, including: