New Jersey ERISA Lawyer
ERISA Law Firm Handling Civil and Criminal Enforcement Matters in New Jersey
Contact NickEmployers that offer pension plans, 401(k) plans, disability and welfare benefit plans, and various other types of employee benefit plans are subject to stringent requirements under the Employee Retirement Income Security Act of 1974 (ERISA). These include fiduciary responsibilities, disclosure requirements, and audit requirements, among many others. Plan sponsors and other entities that fail to comply with these obligations can face steep penalties; and, as a result, they need to make ERISA compliance a priority.
At Oberheiden P.C., we assist employers with establishing and maintaining compliance with ERISA and the ERISA regulations enforced by the U.S. Department of Labor (DOL). We also provide defense representation for civil and criminal ERISA enforcement matters. These are high-stakes matters that require an in-depth understanding of all applicable rules and requirements, and our attorneys rely on extensive experience to protect our clients by all means available.
ERISA Matters We Handle
Within our ERISA defense practice, we handle federal investigations as well as federal civil and criminal litigation involving all types of alleged ERISA violations. As a federal defense law firm, we are able to defend clients that are facing allegations of tax fraud, money laundering, and other federal crimes as well. Representative examples of matters our legal team is available to handle include those involving allegations of:
- Altering participant account information, forgery, and identity theft
- Breach of plan sponsors’ and plan managers’ fiduciary duties
- Diversion of participants’ funds or entitled contributions
- Embezzlement, conversion, and theft
- Engaging in prohibited transactions
- Excluding “high-risk” employees from self-funded health benefit plans
- Fraud targeting plan participants
- Fraudulent ERISA audits
- Making materially false statements in ERISA-required plan documents
- Receiving unauthorized benefits
Again, these are just examples. From allegations of self-dealing against plan fiduciaries to claims alleging improperly denied benefits under long-term disability and other ERISA plans, we handle all other enforcement matters under ERISA as well. Our New Jersey ERISA attorneys are also available to serve as defense counsel for civil litigation involving claims filed by employees and beneficiaries.
How Our New Jersey ERISA Attorneys Can Help
Whether your company is facing an investigation, a civil or criminal enforcement proceeding, or private litigation under ERISA, our attorneys will take a comprehensive approach to protecting your company as efficiently as possible. We represent plan fiduciaries and company insiders who are facing civil and criminal enforcement actions as well. Here are just some of the ways our attorneys can help in these scenarios:
- Conducting a Comprehensive (and Privileged) ERISA Compliance Assessment – Building an effective defense strategy starts with understanding the risks at hand. Our attorneys can assess whether your company’s ERISA plan design and execution meets the minimum standards for compliance under this complex federal law.
- Evaluating the Allegations at Issue – Once we have a clear understanding of your company’s compliance status, then we can evaluate the allegations at issue. Companies in private industry can face a wide range of allegations under ERISA, and it is critical to know the specific allegations that your company needs to defend against.
- Working Directly with Federal Law Enforcement Authorities – As your company’s legal counsel, we can work directly with federal law enforcement authorities on your behalf. In ERISA enforcement matters, we prioritize targeting quiet and efficient pre-charge resolutions that avoid the costs and inherent risks of litigation whenever possible.
- Serving as Litigation Counsel as Necessary – With that said, we do not hesitate to litigate when it is in our clients’ best interests to do so. We handle both civil and criminal trials involving alleged ERISA violations, and we also represent our clients through the appeals process when necessary. ERISA enforcement litigation presents a variety of unique challenges, and this makes it imperative to have a legal team with relevant experience on your side.
Assisting with ERISA Compliance and Risk Management Going Forward – Our New Jersey ERISA lawyers can also assist your company with compliance and risk management going forward. Whether your company offers its employees pension plans, 401(k) plans, long-term disability insurance, or all of the above, we can help you meet the strict deadlines, disclosure requirements, auditing requirements, and other requirements that apply to plan sponsors on an ongoing basis.
Here too, these are just examples. We provide comprehensive ERISA compliance and defense representation for companies in New Jersey. Regardless of the specific concerns you have or the specific risks at hand, our New Jersey ERISA lawyers can provide guidance focused on protecting your company (and you personally) both now and in the future.
Why Choose Oberheiden P.C. for ERISA Defense in New Jersey?
Allegations of ERISA noncompliance can expose employers (and, in some cases, plan fiduciaries and company insiders) to substantial risks. So, why should you choose Oberheiden P.C. for ERISA defense in New Jersey? Here’s what we offer:
1. We Have Deep Experience in Federal Employment Law Enforcement Matters
Our attorneys represent companies in all federal employment law enforcement matters. While this includes both civil and criminal enforcement matters under ERISA, it also includes payroll tax enforcement and other employment law matters that can also come to light during ERISA investigations.
2. We Handle Cases Involving All Types of Employee Benefits and Disability Claims Under ERISA
Our attorneys handle cases involving all types of employee benefit and disability claims under ERISA. This includes (but is not limited to) claims involving:
- Disability benefit plans
- Employee pension plans
- Employee retirement plans (including 401(k) plans)
- Health and welfare plans
- Multiemployer retirement plans (MEPs)
Again, when facing ERISA-related scrutiny, it is imperative to have a clear and comprehensive understanding of the specific allegations at issue. With this in mind, when providing our services during ERISA investigations, one of our first priorities is to discern the scope and nature of the allegations at hand.
Both within and outside of our ERISA defense practice, a substantial portion of our work involves representing clients facing civil and criminal enforcement actions under federal law. As a federal defense law firm, we are intimately familiar with the unique challenges and risks these cases present, and we have the resources and capabilities required to provide effective legal representation.
4. Our Legal Team Includes Former Federal Prosecutors
Several of our ERISA attorneys are former federal prosecutors who have extensive experience pursuing both civil and criminal charges against employers on behalf of the U.S. Department of Justice (DOJ). This experience provides invaluable insights that we leverage to our clients’ advantage in ERISA enforcement matters.
5. We Are Available to Provide Defense Representation On an Emergency Basis When Necessary
Our New Jersey ERISA attorneys are available to provide defense representation on an emergency basis when necessary. If your company is facing ERISA-related scrutiny from the DOJ or DOL, we can promptly intervene in the government’s investigation and begin gathering the information we need to build a comprehensive and cohesive defense strategy.
FAQs: Enforcement Actions Under the Employee Retirement Income Security Act (ERISA)
What Are the Risks of Facing Federal Scrutiny Under ERISA?
The risks of facing federal scrutiny under ERISA can be substantial. The statute includes provisions for both civil and criminal enforcement; and, in both types of enforcement actions, noncompliant employers can face substantial penalties. In criminal enforcement actions, plan fiduciaries and company insiders can face federal prison time as well.
When Can ERISA Violations Lead to Criminal Charges for Plan Fiduciaries and Company Insiders?
Generally, federal prosecutors must have evidence of intentional fraud to pursue criminal charges against plan fiduciaries and company insiders in ERISA enforcement cases. This evidence can take many forms, and federal prosecutors will often try to imply intent based on the circumstances surrounding a particular noncompliant practice or prohibited transaction.
How Likely Is It That an ERISA Investigation Will Lead to Serious Penalties?
ERISA investigations frequently present risks for serious penalties. As a practical matter, the DOJ and DOL tend to focus on using their resources to pursue cases that present the potential for significant financial recoveries. As a result, if the DOJ or DOL is looking into your company’s ERISA compliance record, it will be critical to get to work building a defense strategy right away.
When Do I Need to Engage an ERISA Attorney?
We recommend engaging an ERISA attorney at the first sign that your company is (or may be) facing federal scrutiny. In these scenarios, a proactive approach can be critical for avoiding unnecessary consequences.
Do All New Jersey ERISA Lawyers Handle Defense Matters?
No, many law firms focus exclusively on ERISA compliance, and they refer their clients to other law firms when they need federal defense representation. At Oberheiden P.C., we provide both compliance and defense representation for all matters pertaining to ERISA.
Schedule a Free Consultation with a Senior ERISA Attorney at Oberheiden P.C.
If you would like to speak with one of our senior ERISA attorneys in confidence, we encourage you to contact us promptly. Call 888-680-1745 or contact us confidentially online to schedule a complimentary initial consultation at Oberheiden P.C.
