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Criminal Resource Manual

2433. Form Indictment -- 29 U.S.C. 1141

Interference with the Rights of Employee Pension and Welfare Benefit Plan Participants and Beneficiaries in the Private Sector

(29 U.S.C. § 1141)

ERISA Sec. 501

On or about (date) in the District of (name) the defendant did unlawfully and willfully restrain, coerce, and intimidate, and attempt to restrain, coerce, and intimidate, (individual participant or beneficiary), a [participant / beneficiary] of the (name of employee pension or welfare plan), an employee benefit plan subject to Title I of the Employee Retirement Income Security Act (hereafter ERISA), */ through the use of [fraud] [force and violence and the threat of the use of force and violence] for the purpose of interfering with and preventing the exercise of rights to which he/she was [may become] entitled under [such plan] [Title I of ERISA] [Section 1201 of Title 29, United States Code and the determination of the status of an employee pension benefit plan under the Internal Revenue Code] [the Welfare and Pension Plans Disclosure Act] **/, in that (describe defendant's acts of misrepresentation or violence or threatened violence which interfered with the victim's statutory rights or rights and benefits under the terms of the plan).

All in violation of Title 29, United States Code, Section 1141.

* 29 U.S.C. §§ 1001-1169; benefit plans in which governmental agencies administer or fund benefits for their employees are excluded from coverage at 29 U.S.C. § 1003.

** Former 29 U.S.C. §§ 301-309, repealed effective January 1, 1975, except as to reporting requirements imposed on plans with reporting years ending after December 31, 1974.

See 29 U.S.C. § 1031 and 29 C.F.R. 2520.104-2.

[cited in USAM 9-135.010]