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Criminal ERISA Investigations Targeting Multiemployer Retirement Plans (MEPs)

As explained by the Pension Benefit Guaranty Corporation (PBGC), “[a] multiemployer plan is a collectively bargained plan maintained by more than one employer, usually within the same or related industries, and a labor union. These plans are often referred to as ‘Taft-Hartley plans.’” Multiemployer plans can often be cost-effective options...

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What Does the Federal Government Have to Prove in Order to Establish Criminal “Intent”?

In many cases, the federal government has the option to either pursue civil or criminal charges against an individual suspected of violating the law. In deciding whether to pursue civil or criminal charges, the key distinguishing factor is often the element of criminal “intent.” While many federal laws allow for...

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Criminal ERISA Enforcement Involving Pensions and 401(k) Plans

Employer-sponsored retirement plans are subject to the requirements of the Employee Retirement Income Security Act of 1974 (more-commonly known by its acronym, “ERISA”). While ERISA violations involving pensions and 401(k) plans have the potential to lead to civil litigation – including potential class action litigation – an even greater risk...

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6 Ways to Protect Yourself After Receiving a Federal Grand Jury Subpoena

Upon being served with a federal grand jury subpoena, the process of protecting yourself begins immediately. Whether you are being targeted in the government’s investigation or you are currently being treated as a witness (or, as is often the case, you have no idea), the risks of inaction are substantial,...

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Fraud Under ERISA: Fighting Criminal Charges Against Business Owners, Plan Managers, Trustees, and Other Individuals

The Employee Retirement Income Security Act of 1974 (more-commonly known by its acronym, “ERISA”) is a federal statute that imposes affirmative obligations and other requirements in relation to the management of employer-sponsored retirement and benefit plans. ERISA exists in order to protect plan participants’ retirement savings and other accumulated benefits,...

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How Can You Convince the Federal Government that You Did Not Have Criminal “Intent”?

Whether you are currently the subject of a federal investigation or you have been indicted on federal criminal charges, a key component of your defense strategy is likely to focus on challenging the government’s evidence of criminal “intent.” If you are under investigation, you want to keep the investigation civil...

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10 Types of Information Sought in Federal Grand Jury Subpoenas

The U.S. Attorney’s Office has broad authority to compel testimony and the production of records through the issuance of federal grand jury subpoenas. Federal grand jury subpoenas ad testifacandum (requiring testimony) and federal grand jury subpoenas duces tecum (requiring document production) can be extraordinarily broad, and they generally are not...

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What Types of Evidence Can the Federal Government Use to Prove Criminal Intent?

In federal criminal cases, the government has the burden of proving the defendant’s guilt beyond a reasonable doubt. There is only one way to do this: In order to obtain a conviction, the government must present enough convincing and admissible evidence to leave the judge or jury with no choice...

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What Should I Do When HHS or OIG Agents Show Up at My Door to Interview Me?

Federal Defense Attorneys Experienced in HHS and OIG Investigations It’s evening. You just got home from work, and you are getting ready to sit down for dinner with your family. But, unexpectedly, you hear a knock at the door, and when you answer it you see two federal agents holding...

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OWCP Compliance – Billing Codes, Guidelines and Instructions

OWCP Compliance – How Should I Bill OWCP Healthcare Claims? Expert OWCP Compliance Consultants and DOL Attorneys Are Available to Help Your Federal Workers Comp Clinic Did You Know that Just 10 Incorrect OWCP Billing Claims to DOL Can Result in $ 100,000 and More in Liability? Business owners of federal workers compensation...

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