Notice

The United States Attorneys’ Manual is currently undergoing maintenance. If you are unable to access specific content, please contact the webmaster.

You are here

2429. Failure To Perform ERISA Reporting And Disclosure -- 29 U.S.C. 1131 (ERISA Section 501)

Title 29 U.S.C. § 1131 states:

  1. Any person who willfully violates any provision of part 1 (Reporting and Disclosure) of this subtitle (Subtitle B-Regulatory Provisions of ERISA), or any regulation or order issued under any such provision, shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000. [The amount of the fine is governed by 18 U.S.C §3571.]

The gravamen of offense is the willful omission to perform reporting or disclosure required by ERISA. Falsification of required ERISA documents (records, reports, and certified information) is punishable as a felony at 18 U.S.C. § 1027. See 9-136.000. Caveat: Breach of fiduciary duty in Title I of ERISA without more is not a crime.

[cited in Criminal Resource Manual 2401; Criminal Resource Manual 2401; USAM 9-135.010]

Updated May 21, 2015