By a Memorandum of Understanding dated February 16, 1960, between the Secretary of Labor and the Attorney General, criminal matters arising under 29 U.S.C. § 501(c) are investigated by the Federal Bureau of Investigation (FBI). The Memorandum permits different arrangements to be made by the Departments of Justice and Labor on a case-by-case basis. A similar Memorandum of Understanding of February 9, 1975, makes the same delegation with respect to criminal matters arising under 18 U.S.C. § 664.
However, effective October 12, 1984, the Labor Department 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 Justice Department. See 29 U.S.C. § 1136, as amended by the Comprehensive Crime Control Act of 1984, Section 805. Therefore, Labor Department investigators now have the statutory authority to investigate violations of 18 U.S.C. § 664 which they formerly exercised on a case-by-case basis under the 1975 Memorandum of Understanding. 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 9-133.030]