Justice Manual § 9-135.020

Supervisory jurisdiction over ERISA violations rests with the Labor-Management Unit, Violent Crime and Racketeering Section.

Investigative jurisdiction for criminal violations within title I of ERISA is assigned to the Department of Labor and the Federal Bureau of Investigation (FBI). Pursuant to a Memorandum of Understanding dated February 9, 1975, entered into between the Departments of Justice and Labor, the FBI has the authority to investigate violations of 29 U.S.C. § 1111 (prohibition against holding office in or being employed by a benefit plan after conviction of certain crimes) and 29 U.S.C. § 1141 (use of fraud or force to interfere with benefit plan rights). The Department of Labor investigates violations of 29 U.S.C. § 1131(a) (reporting, disclosure, and retention of records by benefit plans). The Memorandum of Understanding permits different arrangements with respect to criminal investigations of those crimes to be made by the Departments of Justice and Labor on a case-by-case basis. Pursuant to 29 U.S.C. § 1134, the Department of Labor is authorized to investigate violations of 29 U.S.C. § 1131(b) and § 1149 (knowing false statements in connection with the marketing or sale of multiple employer welfare arrangements) which was enacted as part of the Patient Protection and Affordable Care Act, Sec. 6601; 124 Stat. 779 (2010).