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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,
    1. [(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 JM 9-138.030]

Updated January 17, 2020