Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

2428. Investigative Jurisdiction

Investigative jurisdiction for criminal violations under the Act is assigned to the Department of Labor and the Federal Bureau of Investigation. Pursuant to a Memorandum of Understanding of February 9, 1975, entered into between the Departments of Justice and Labor, the Federal Bureau of Investigation will investigate violations of 29 U.S.C. § 1111 (prohibition against holding office in or being employed by a benefit plan after conviction of certain crimes) and 29 U.S.C. § 1141 (use of fraud or force to interfere with benefit plan rights). The Department of Labor will investigate violations of 29 U.S.C. §  1131 (benefit plan reporting, disclosure, and retention of records by benefit plans) and has jurisdiction to investigate all civil violations. The Memorandum of Understanding permits different arrangements with respect to criminal investigations to be made by the Departments of Justice and Labor on a case-by-case basis.

[cited in JM 9-135.020]

Updated September 19, 2018