In those cases where notification of the disability is required prior to prosecution (see JM 9-138.030), the Criminal Division or the interested investigating agency will give notice of the disqualification by certified mail or by delivery through the case investigator. In the case of a convicted officer or employee of a labor organization or employer association or convicted labor consultant disqualified by 29 U.S.C. § 504, the individual serving in a prohibited capacity and the chief executive officer of the local and international labor organizations, employer associations, etc., are notified of the violation and advised that prosecution will be initiated unless the prohibited relationship is terminated. In the case of a convicted benefit plan officer, employee, fiduciary, or consultant, etc. disqualified by 29 U.S.C. § 1111, the individual in violation, the benefit plan administrator/trustees/attorney or the chief executive officer of the affected business firm is given similar notice and advice.
In order to effectuate this procedure, all United States Attorneys are requested to forward to the Labor-Management Unit, Organized Crime and Racketeering Section copies of the accusation, indictment, or criminal information and the judgment and commitment order (or equivalent documents) for any convicted individuals in their respective districts who are known to occupy a position in a labor organization, employee benefit plan, employer association, or to be serving as a consultant, adviser, or labor relations consultant with respect to such organizations. The following information should be furnished if possible: the address of the convicted individual, the name of the chief executive officer of the affected organization and the organizations's address, and the name of the benefit plan administrator, trustee, attorney, etc., and his/her address. In some cases a copy of the transcript from the sentencing hearing and any plea hearing also may be requested in order to facilitate a determination of whether the convicted individual's crime disqualifies him or her from service prohibited by the statutes.
[updated October 2016]
[cited in JM 9-138.030]