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Title 9: Criminal

9-134.000 - Employee Benefit Plan Kickbacks

9-134.010 Introduction
9-134.020 Investigative and Supervisory Jurisdiction


9-134.010 - Introduction

This chapter focuses on the investigation and prosecution of conduct prohibited by Title 18 U.S.C. § 1954. Section 1954 prohibits the giving or acceptance, respectively, of things of value paid by any person to four categories of recipients in relation to matters concerning an employee pension or welfare benefit plan subject to Title I of Employee Retirement Income Security Act (ERISA). See 29 U.S.C. § 1001, et seq.

[updated January 2020]


9-134.020 - Investigative and Supervisory Jurisdiction

The Labor-Management Unit of the Violent Crime and Racketeering Section, Criminal Division has supervisory jurisdiction over 18 U.S.C. § 1954.

A Memorandum of Understanding dated February 9, 1975, between the Secretary of Labor and the Attorney General, refers to the authority of the Federal Bureau of Investigation to investigate violations of 18 U.S.C. § 1954. The U.S. Department of Labor has statutory authority to investigate violations of 18 U.S.C. § 1954 as part of its authority to investigate criminal violations related to title I of the Employee Retirement Income Security Act (29 U.S.C. §§ 1001 to 1191c) and “other related Federal laws, including . . .  related violations of Title 18.” See 29 U.S.C. § 1136(b), as amended by Section 805 of the Comprehensive Crime Control Act; 98 Stat. 2134-35 (1984). 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 investigative effort. A Memorandum of Understanding dated February 9, 1975, between the Secretary of Labor and the Attorney General, refers to the authority of the Federal Bureau of Investigation to investigate violations of 18 U.S.C. § 1954. The U.S. Department of Labor has statutory authority to investigate violations of 18 U.S.C. § 1954 as part of its authority to investigate criminal violations related to title I of the Employee Retirement Income Security Act (29 U.S.C. §§ 1001 to 1191c) and “other related Federal laws, including . . .  related violations of Title 18.” See 29 U.S.C. § 1136(b), as amended by Section 805 of the Comprehensive Crime Control Act; 98 Stat. 2134-35 (1984). 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 investigative effort.

[updated January 2020]