New York ERISA Lawyer

ERISA Law Firm for Civil and Criminal Enforcement Matters in New York

Attorney Nick OberheidenERISA Investigation & Litigation Defense Team Lead

Managing compliance with the Employee Retirement Income Security Act (ERISA) presents numerous challenges for employers, plan managers, and other entities and individuals. Those that are responsible for managing compliance must have the systems and processes in place to meet their legal obligations on an ongoing basis, and they must be prepared to demonstrate compliance with ERISA and its enabling regulations when required. Those that can’t can face steep penalties—including criminal penalties in some cases.

We represent plan sponsors, managers, trustees, and other clients in all ERISA-related enforcement matters. We handle cases involving all types of employee benefit plans, and we handle cases both at the agency level and in federal court. We handle private civil litigation related to alleged ERISA violations as well, and each New York ERISA lawyer at our firm relies on extensive experience to efficiently pursue favorable resolutions for our clients.

ERISA Cases We Handle

Our New York ERISA lawyers are available to represent clients in all civil and criminal matters involving retirement plans, pension plans, employee stock ownership plans, and all other plans covered under the statute. As a federal defense law firm, we are also able to represent clients accused of other violations of federal law. Within our ERISA defense practice, the cases we handle include:

DOJ, DOJ, IRS and PBGC Investigations

Multiple federal authorities have a hand in enforcing ERISA compliance. Each of these authorities conducts investigations targeting plan sponsors and other entities and individuals; and, in many cases, they combine their resources to pursue invasive and high-stakes investigations.

We defend clients that are facing scrutiny from the U.S. Department of Justice (DOJ), U.S. Department of Labor (DOL), Internal Revenue Service (IRS), and Pension Benefit Guaranty Corporation (PBGC). If your company is facing scrutiny from any one or more of these authorities involving alleged violations of ERISA, our attorneys can engage with them on your behalf and target a resolution that avoids further enforcement action.

Civil ERISA Enforcement

Most ERISA enforcement actions are civil in nature. Employers, plan fiduciaries, and other parties can face a wide range of allegations in these cases. Some examples of common allegations include:

Breach of fiduciary duties
Engaging in prohibited transactions
Failure to meet minimum standards for plan design, benefits, and terms
Misrepresentations and omissions in plan documents
Recordkeeping and audit violations

From fiduciary duty claims to allegations of mismanagement and neglect, we handle all types of civil enforcement actions under ERISA in New York. If it is too late to prevent an investigation from leading to civil charges, our New York ERISA attorneys can start building your company’s defense immediately.

Criminal ERISA Enforcement

While most ERISA enforcement actions are civil in nature, the DOJ pursues criminal charges against both companies and individuals when warranted. With a team that includes former DOJ prosecutors, we are well-positioned to serve as defense counsel for clients that are facing serious federal charges under ERISA and other federal laws. Some examples of potential criminal charges in ERISA enforcement cases include:

Violations of Section 411 of ERISA (prohibiting extortion and bribery involving ERISA-covered plans)
Violations of Section 501 of ERISA (prohibiting willful violations of the statute’s reporting and disclosure requirements pertaining to pension plans, 401(k) plans, and other plans)
Violations of Section 511 of ERISA (prohibiting “coercive interference” with a pension, 401(k), and other plan participant’s rights)
Violations of 18 U.S.C. Section 664 (prohibiting theft and embezzlement from ERISA-covered plans)
Violations of 18 U.S.C. Section 1027 (prohibiting false statements and omissions in pension, 401(k), or other plan documentation)

These charges, among others, can expose companies to substantial fines, and they can expose business owners, executives, fiduciaries, trustees, and other individuals to both fines and prison time. As a result, if your company is facing criminal enforcement in connection with any retirement or employee benefit plan covered under ERISA, it is imperative that you engage experienced defense counsel as soon as possible.

Employee Benefits Litigation

We also defend companies in private employee benefits litigation. Employees and other beneficiaries can sue plan sponsors and other entities on various grounds. If your company is facing a civil lawsuit under ERISA involving an alleged improper denial of benefits, failure to pay contributions, investment mismanagement, or any other issue, we can build and execute a comprehensive and strategic defense. We handle individual lawsuits and class actions; and, along with defending employers, we defend insurers and other parties in ERISA litigation as well.

What to Expect From Our New York City ERISA Attorneys

What can you expect if you choose Oberheiden P.C.? In all ERISA matters, we take a comprehensive and custom-tailored approach focused on protecting our clients’ interests as efficiently as possible. While we do not hesitate to litigate on behalf of our clients when necessary (including on appeal), we prioritize achieving favorable resolutions that avoid the need to go to trial.

Whether we are defending our clients during investigations, against civil or criminal enforcement actions, or in private civil disputes, our approach involves:

1. Assessing All Possible Allegations and Defenses

We begin by conducting a comprehensive risk assessment. Our ERISA attorneys will review your company’s ERISA documentation and compliance record to assess all potential grounds for civil or criminal liability. We will also assess all potential defenses to liability, and then we will discuss these potential claims and defenses with you so that you can make informed decisions about your next steps.

2. Executing a Proactive and Strategic Defense

Once we have a clear understanding of the circumstances at hand, then we can build and execute a proactive and strategic defense. As discussed above, in enforcement cases, we target pre-charge resolutions whenever possible. However, all of our New York City ERSA attorneys are skilled litigators, and we have extensive experience litigating high-stakes cases against the federal government and private parties.

3. Helping Our Clients Mitigate Their Risk Going Forward

Along with defending our clients during ERISA investigations and in ERISA-related litigation, we also help our clients mitigate their risk going forward. If your company needs to update (or overhaul) its ERISA documentation or compliance practices, our employee benefits attorneys can assist with implementing a compliance program that will facilitate efficient compliance on an ongoing basis.

FAQs: The Employee Retirement Income Security Act (ERISA)

Why is the Federal Government Looking Into My Company’s ERISA Plan(s)?

Complaints from current and former employees, whistleblower allegations, and referrals from other agencies can all lead to ERISA-related scrutiny from the DOJ, DOL, IRS, and PBGC. These federal authorities enforce compliance with all aspects of ERISA, from the statute’s recordkeeping and auditing requirements to the protections provided to employees and other plan beneficiaries. Once you engage our ERISA attorneys, we will be able to intervene in the government’s investigation and work to discern why it is looking into your company’s ERISA plan(s).

What is the Pension Benefit Guaranty Corporation (PBGC)?

The Pension Benefit Guaranty Corporation (PBGC) was created through the enactment of ERISA, “to encourage the continuation and maintenance of private sector defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at a minimum.” As part of these efforts, the PBGC’s Office of Inspector General (OIG) conducts investigations targeting fraud, waste, and abuse under ERISA-covered plans.

Can the Federal Government Impose Penalties for ERISA Non-Compliance?

Yes, the federal government can impose both civil and criminal penalties for ERISA non-compliance. Civil penalties are generally monetary in nature, while criminal penalties can include both fines and federal imprisonment (for individuals accused of directly participating in fraudulent and other criminal activities). When facing an ERISA investigation, it is critical to discern the nature of the investigation; and, if the investigation is civil in nature, you will want to try to prevent the government from uncovering any information that might trigger a criminal inquiry.

An Employee Has Sued Under ERISA. What Should I Do?

If an employee has sued your company under ERISA, you should engage experienced defense counsel promptly. In many cases, other employees will quickly follow suit, and class actions under ERISA are not uncommon. Here too, building a comprehensive and strategic defense requires a clear understanding of the specific allegations at issue and the defenses your company has available.

When Should My Company Engage a New York ERISA Lawyer?

Your company should engage a New York ERISA lawyer at the first sign of a potential investigation or potential litigation. In both of these scenarios, taking a proactive approach can play a major role in mitigating both the risks and the costs involved. At Oberheiden P.C., we rely on extensive experience to defend companies in all ERISA-related matters, and our lawyers can provide representation on an emergency basis when necessary.

Contact the ERISA Attorneys at Oberheiden P.C.

If you would like to speak with one of our ERISA attorneys in confidence, we invite you to contact us for a complimentary initial consultation. Call 888-680-1745 or tell us how we can reach you online to schedule a call today.