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2425

Employee Benefit Plan Kickbacks—(18 U.S.C. 1954)

THE GRAND JURY CHARGES:

Jurisdictional Allegations (long form)

1. At all times material to this Indictment the (name of employee benefit plan) was an employee [welfare]/ [pension] benefit plan, within the meaning of and subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (hereafter ERISA) (29 U.S.C. 1001-1169), established and maintained by [ (name of union) (hereinafter "Union"), an employee organization],/[ (name of employer) , an employer],/[both (name of union) , an employee organization and (name of employer) , an employer], for the benefit of the [members of (name of union) ]/[employees of (name of employer)].

2a. The (name of union) was an employee organization which represented employees engaged in commerce and in an industry and activity affecting commerce as those terms are defined in ERISA (29 U.S.C. 1002-1003)].

2b. The (name of employer) was an employer engaged in commerce and in an industry and activity affecting commerce as those terms are defined in ERISA (29 U.S.C. 1002 and 1003).

3a. At all times material to the Indictment (name of recipient) , was (a)n [administrator]/[officer]/[trustee]/ [custodian]/[counsel]/[agent]/[employee] of the plan.

3b. At all times material to this Indictment, (name of recipient) , was a[n] [officer]/[counsel]/[agent]/[employee] of an employer some of whose employees were covered by the plan.

3c. At all times material to this Indictment, (name of recipient) , was a[n] [officer]/[counsel]/[agent]/[employee] of the Union, some of whose members were covered by the plan.

3d. At all times material to this Indictment, (name of recipient) , was a[n] [person who provided benefit plan services to the plan]/[officer]/[counsel]/[agent]/[employee] of (name of organization) , an organization which provided benefit plan services to the plan.

4. [Operative paragraph concerning payment or offer, solicitation or receipt.]

[cited in USAM 9-134.010]