What Criminal Laws Applies to a Breach of Fiduciary Duty Under ERISA?

Full Question:

Which criminal codes should be cited to bring criminal charges involving Breach of Fiduciary Duty relating to pension plans and retiree medical plans? Involves federal governmental plans that in 2009 DOD required fiduciaries to follow title I of ERISA, reference DODI 1400.25-v1408 July 21, 2009 Enclosure 3 pp 17-18.
04/21/2011   |   Category: Fiduciary Duty   |   State: Texas   |   #24692

Answer:

There are various laws that may apply, depending on the facts involved. For example, 2432 Coercive or Fraudulent Interference with ERISA Rights -- 29 U.S.C. 1141
Title 29 U.S.C. § 1141 states:


"It shall be unlawful for any person through the use of fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimidate, or attempt to restrain, coerce, or intimidate any participant or beneficiary for the purpose of interfering with or preventing the exercise of any right to which he is or may become entitled under the plan, this title, section 3001, or the Welfare and Pension Plans Disclosure Act. Any person who willfully violates this section shall be fined $10,000 or imprisoned for not more than one year, or both. The amount of fine is governed by 18 U.S.C. § 3571. The U.S. Sentencing Guidelines address 29 U.S.C. § 1141 under the guidelines for "Fraud and Deceit" (U.S.S.G. § 2F1.1) or for "Extortion by Force or Threat of Injury or Serious Damage (U.S.S.G. § 2B3.2)......"

For a discussion of the criminal laws that may apply in ERISA claims, pleasesee:

http://www.dol.gov/ebsa/oemanual/cha52.html
See also:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm02429.htm
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm02414.htm
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm02430.htm