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U.S. Attorneys' Manual

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U.S. Attorneys' Manual
Title 9: Criminal

9-135.000 - Employee Retirement Income Security Act Of 1974 (ERISA)

9-135.010 Introduction
9-135.020 Investigative and Supervisory Jurisdiction

9-135.010 - Introduction

The Employee Retirement Income Security Act (ERISA) regulates employee pension and welfare benefit plans in the private sector. The crimes discussed in this chapter prohibit convicted persons from being employed by such plans (29 U.S.C. § 1111), punish willful failure to comply with the reporting and disclosure requirements of the statute (29 U.S.C. § 1131), and proscribe the use of fraud or actual or threatened violence to deprive plan participants and beneficiaries of their rights under the statute or the plan (29 U.S.C. § 1141).

See the Criminal Resource Manual for form indictments and a discussion of the law

Employee Retirement Income Security——29 U.S.C. §§ 1001 et seq. Criminal Resource Manual at 2427
Failure to Perform ERISA Reporting and Disclosure Criminal Resource Manual at 2429
Elements of Proof for 29 U.S.C. § 1131 and ERISA Obligations Criminal Resource Manual at 2430
Form Indictment——29 U.S.C. § 1131 Criminal Resource Manual at 2431
Coercive or Fraudulent Interference with ERISA Rights——29 U.S.C. § 1141 Criminal Resource Manual at 2432
Form Indictment——29 U.S.C. § 1141 Criminal Resource Manual at 2433

[cited in Criminal Resource Manual 2422]

9-135.020 - Investigative and Supervisory Jurisdiction

Information on investigative jurisdiction is in the Criminal Resource Manual at 2428. Supervisory jurisdiction over ERISA violations rests with the Labor-Management Unit, Organized Crime and Gang Section.

[updated May 2011] [cited in Criminal Resource Manual 2422]