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Criminal Resource Manual 2448 Form Indictment -- Intentional And Knowing Permitting Of Prohibited Service By Convicted Individuals Sentenced After October 12, 1984

2448

Form Indictment—Intentional and Knowing Permitting of Prohibited Service By Convicted Individuals Sentenced After October 12, 1984

(29 U.S.C. § 1111)

ERISA Sec. 411

The Grand Jury charges that:

  1. Repeat paragraph 1 from prior count (intentional prohibited service).
  2. Repeat paragraph 2 from prior count (intentional prohibited service).
  3. From on or about (date) until on or about (date) in the _____District of _____, the (Defendant) did knowingly and intentionally hire, retain, employ, place and permit (Disqualified Person) to serve in a prohibited capacity(ies), that is,
      [(administrator) (fiduciary) (officer) (trustee) (custodian) (counsel) (agent) (employee) (representative) of ] [(consultant) (advisor) to] [in a capacity that involved decision making authority or custody or control of the moneys, funds, assets, or property of]

      (name of plan), an employee benefit plan subject to Title I of the Employee Retirement Income Security Act, Title 29, United States Code, Sections 1001 et seq.

All in violation of Title 29, United States Code, Section 1111.

[cited in USAM 9-138.030]

Updated February 19, 2015