Pennsylvania ERISA Lawyer

Experienced Defense Counsel for Civil and Criminal ERISA Cases in Pennsylvania

Attorney Nick OberheidenERISA Investigation & Litigation Defense Team Lead

We provide strategic defense representation for companies and individuals facing federal scrutiny under the Employee Retirement Income Security Act of 1974 (ERISA) in Pennsylvania. With a team that includes several former U.S. Department of Justice (DOJ) prosecutors, we have the capabilities required to handle high-stakes civil and criminal matters involving employers of all sizes. If your company is facing scrutiny related to a qualified retirement plan or any other ERISA plan, we can help—and we encourage you to contact us promptly.

Each Pennsylvania ERISA lawyer at our firm has extensive experience representing companies and individuals facing intensive scrutiny under federal law. This includes, but is not limited to, scrutiny under ERISA. We handle enforcement actions under the Affordable Care Act, the Internal Revenue Code, and other federal laws as well, and we rely on our experience on both sides of these cases to provide strategic advice and representation to our clients.

ERISA Enforcement Matters We Handle

Within our ERISA defense practice, we advise and represent clients that are facing scrutiny related to all aspects of statutory and regulatory compliance. While ERISA is complex on its own, the U.S. Department of Labor (DOL) has adopted extensive regulations that add to the challenges of effectively managing compliance on an ongoing basis.

However, while ERISA compliance may be burdensome, the DOJ and DOL make clear that this is not an excuse for failing to do what is required. These federal authorities routinely pursue enforcement actions targeting employers, corporate executives, plan administrators, and other individuals in cases involving:

Long-term disability benefits
Employee pension plans
Employee retirement plans
Multiemployer retirement plans (MEPs)
Other employee benefit programs covered under ERISA

At Oberheiden P.C., we provide effective legal representation for matters involving all employee benefit programs covered under ERISA—including enforcement matters that are both civil and criminal in nature. Our attorneys are available to serve as legal counsel for matters in Pennsylvania including:

ERISA Compliance Investigations

We represent employers, plan trustees, and corporate insiders in ERISA compliance investigations. These investigations can target a broad range of issues; and, when facing scrutiny from the DOJ or DOL, it is imperative to ensure that you have a clear and comprehensive understanding of the allegations at issue. Some examples of common allegations in these investigations include:

Diversion, embezzlement, identify theft, and related offenses
Engaging in prohibited transactions (self-dealing and conflicts of interest)
Excluding “high-risk” employees from self-funded health benefit plans
Fraud by plan fiduciaries and other individuals (fiduciary duty claims)
Fraudulent misrepresentations and omissions in plan documents
Inadequate implementation of mandatory employee protections
Misapplication of profit sharing arrangements
Mismanagement of plan assets
Noncompliant ERISA auditing practices
Noncompliant ERISA documentation and recordkeeping practices

Again, these are just some of the most common examples. ERISA compliance investigations can focus on numerous other allegations as well; and, if these investigations uncover evidence (or apparent evidence) of civil or criminal wrongdoing, this can swiftly lead to high-stakes litigation with the federal government.

Civil ERISA Litigation

We defend companies in civil ERISA litigation involving all types of noncompliance allegations. ERISA’s civil enforcement provisions impose substantial monetary penalties for noncompliance, and this means that success in civil litigation can be imperative for protecting companies’ financial interests.

Our attorneys have extensive experience litigating civil enforcement cases in federal court. Whether we can affirmatively demonstrate compliance or we need to challenge the government’s fraud claims (or other claims) through different means, we will focus on securing a favorable result as efficiently as possible. While we recommend settling when it is in our clients’ best interests to do so, we have the team, capabilities, and resources required to litigate high-stakes ERISA enforcement cases at trial and on appeal.

We handle civil ERISA litigation involving lawsuits filed by employees, beneficiaries, and other claimants as well. If your company needs assistance with a private civil lawsuit under ERISA, we invite you to contact us for more information.

Criminal ERISA Litigation

A substantial portion of our practice is devoted to representing clients in federal criminal litigation, including criminal litigation under ERISA. We take a proactive, strategic, and forward-thinking approach to every stage of the process—from grand jury proceedings through trial and appeal.

When facing criminal charges (or the possibility of a grand jury indictment), it is critical to start building a defense strategy right away. Our attorneys can work quickly to assemble and review the relevant evidence, and then we can use our experience to build a defense strategy that takes into account all pertinent statutory provisions, rules, and regulations.

What You Can Expect from the ERISA Defense Team at Oberheiden P.C.

If your company needs defense counsel for an ERISA enforcement matter, your choice of legal representation matters. Here is what you can expect when you choose the ERISA defense team at Oberheiden P.C.:

Immediate Intervention and a Comprehensive Risk Assessment – Once you engage our firm to represent your company, we will immediately intervene in the government’s investigation or prosecution. We will then prioritize assessing your company’s risk in light of the facts at hand and the specific allegations at issue.
A Strategic and Custom–Tailored Defense – After assessing your company’s risk, we will build and execute a strategic and custom-tailored defense. If it’s not too late, we will focus on executing a pre-charge defense that avoids the cost and inherent risk of litigating with the federal government.
Direct Communication with Our Senior ERISA Attorneys – You will communicate directly with our senior ERISA attorneys throughout the process. Our attorneys prioritize making themselves available to speak with our clients when needed.
Prioritization of an Efficient, Confidential, and Favorable Resolution – Our attorneys also prioritize targeting efficient, confident, and favorable resolutions. As we said above, if we can resolve your company’s ERISA matter without formal charges being filed, we will.
Unrelenting Trial Representation if Needed – We will also provide unrelenting representation at trial if necessary. All of our senior ERISA attorneys have extensive trial experience; and, for many, this includes prior experience litigating both civil and criminal matters on behalf of the DOJ.

With a team that includes several former DOJ prosecutors, we are well-positioned to provide strategic defense representation in high-stakes ERISA enforcement matters. If you would like more information about our attorneys’ experience or our firm’s capabilities, we strongly encourage you to contact us today.

FAQs: Defending Against ERISA Compliance Investigations in Pennsylvania

Why is the Federal Government Scrutinizing My Company’s ERISA Compliance Record?

Federal ERISA compliance investigations can have various triggers. In some cases, companies’ disclosures or audit reports may raise red flags. In others, plan beneficiaries or other employees (or former employees) may file whistleblower complaints with the DOJ or DOL. Oftentimes, ERISA investigations will stem from scrutiny into other areas of companies’ business operations as well—including investigations into federal tax or securities law compliance.

What Should I Do if My Company is Facing an ERISA Investigation Related to Its Pension or Retirement Plan?

If your company is facing an ERISA investigation related to its pension or retirement plan, you should engage experienced legal counsel promptly. In this scenario, you should choose a law firm that specifically handles ERISA defense—not just ERISA compliance. Responding to scrutiny from the DOJ or DOL is a very different matter from managing ERISA compliance proactively, and it is critical to have a defense team with relevant experience on your company’s side.

What Should I Do if My Company is Facing an ERISA Investigation Related to Its Long-Term Disability Benefits Plan?

Likewise, if your company is facing an ERISA investigation related to its long-term disability benefits plan, you should engage experienced defense counsel promptly in this scenario as well. At Oberheiden P.C., we have extensive experience defending companies in ERISA investigations and related federal law enforcement matters across the country.

What Are the Penalties for Failing to Properly Provide Employee Benefits Under ERISA?

The penalties for ERISA violations vary depending on the specific nature of the violation, the scope of the violation, and its consequences. Generally, civil enforcement actions under ERISA can expose employers to substantial monetary and administrative penalties. In criminal enforcement cases under ERISA, employers can face substantial fines, while individuals accused of directly participating in prohibited transactions or other fraudulent activities can face both fines and federal prison time.

When Do I Need to Engage an ERISA Defense Lawyer?

We recommend engaging an ERISA defense lawyer as soon as you have concerns about facing federal scrutiny. Regardless of the veracity of any allegations that may be forthcoming, executing a proactive and strategic defense will be critical for avoiding unnecessary consequences. If you can get out in front of the government’s investigation, this will maximize the options and opportunities your company has available, and this will help give your company the best chance of securing a favorable resolution without the need for litigation.

Contact the Pennsylvania ERISA Attorneys at Oberheiden P.C.

To speak with a senior Pennsylvania ERISA attorney at Oberheiden P.C., contact us today. Call 888-680-1745 or tell us how we can reach you online to schedule a complimentary consultation as soon as possible.