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2414

29 U.S.C. 501(c)—Embezzlement and Theft From Labor Unions in the Private Sector; 18 U.S.C. 664—Embezzlement and Theft From Employee Benefit Plans in the Private Sector

Section 501(c) prohibits the embezzlement and theft of property from a labor organization covered by the Labor-Management Reporting and Disclosure Act (LMRDA) (29 U.S.C. § 401, et seq.). Statutory principals are officers of and persons employed directly or indirectly by such labor organizations. Labor organizations which represent only employees of the United States or of state and local governments are not regulated by the LMRDA. However, United States Postal Service employees are subject to the LMRDA.

Section 664 prohibits the embezzlement and theft of property by any person from an employee pension or welfare benefit plan subject to title I of the Employee Retirement Income Security Act (ERISA). 29 U.S.C. § 1001, et seq. The statute also prohibits embezzlement and theft from a "fund connected" with such an employee benefit plan. Employee benefit plans which are excluded from regulation by ERISA include church plans and benefit plans which are established or maintained by the United States or state or local governments on behalf of their employees. See 29 U.S.C. § 1003.

[cited in Criminal Resource Manual 2407; USAM 9-133.010]