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2435. Investigative Jurisdiction -- 18 U.S.C. 1027

By a Memorandum of Understanding dated February 9, 1975, between the Secretary of Labor and the Attorney General, criminal matters arising under 18 U.S.C. § 1027 are investigated by the Federal Bureau of Investigation (FBI). The Memorandum permits different arrangements to be made by the Department of Justice and Department of Labor on a case-by-case basis.

However, effective October 12, 1984, the Department of Labor may also investigate criminal violations related to the regulation of employee pension and welfare plans which are subject to Title I of the Employee Retirement Income Security Act (29 U.S.C. §§ 1001 to 1169) without further delegation of investigative authority by the Department. See 29 U.S.C. § 1136, as amended by the Comprehensive Crime Control Act of 1984, Sec. 805; 98 Stat. 2134-35. Therefore, Department of Labor investigators now have the express statutory authority to investigate violations of 18 U.S.C. § 1027. Because the FBI and the Department of Labor have concurrent jurisdiction in these cases, each investigative agency should notify the appropriate United States Attorney's Office at the earliest possible stage of an investigation. Such investigations should be closely monitored to avoid duplication of investigative effort.

[cited in JM 9-136.030]

Updated January 17, 2020