Criminal Investigations Program

Last Updated: February 2025

1. Statutory Authority. ERISA Sections 504 and 506(b), as amended by the Comprehensive Crime Control Act of 1984 (CCCA) give the Secretary investigative authority pursuant to Title I of ERISA.

   Section 506. The CCCA amended ERISA Section 506 to give the Secretary explicit authority to investigate criminal violations of Title 18 of the United States Code (U.S.C.) as they relate to employee benefit plans. Specifically, the Secretary has jurisdiction to investigate potential criminal violations of U.S.C. Title 18 Sections 664, 1027, 1954, 669, 1035, 1347, and 1518.

2. Program 52 Investigations. EBSA conducts its criminal investigations as a Program 52. A Program 52 investigation opening should state the predication for the case opening and the potential criminal violations involved. Investigator/Auditors should fully investigate material allegations and investigative leads.

   The investigations may include the following criminal statutes:

   1. 18 U.S.C. Section 664 - Theft or Embezzlement from Employee Benefit Plan;
   2. 18 U.S.C. Section 1027 - False Statements and Concealment of Facts in Relation to ERISA;
   3. 18 U.S.C. Section 1954 - Offer, Acceptance or Solicitation to Influence Operations of ERISA Plans;
   4. 29 U.S.C. Section 1111 - Prohibition Against Certain Persons Holding Certain Positions (ERISA Section 411);⁽¹⁾
   5. 29 U.S.C. Section 1131 - Willful Violation of Title I, Part 1 (ERISA Section 501);
   6. 29 U.S.C. Section 1141 - Coercive Interference (ERISA Section 511);
   7. 18 U.S.C. Section 669 - Theft or Embezzlement in Connection with Health Care;
   8. 18 U.S.C. Section 1035 - False Statements Relating to Health Care Matters;
   9. 18 U.S.C. Section 1347 - Health Care Fraud; and
   10. 18 U.S.C. Section 1518 - Obstruction of Criminal Investigations of Health Care Offenses.

   Other potential criminal statute violations in connection with ERISA plan operations include, but are not limited to, the following:

   1. 18 U.S.C. Section 1341- Mail Fraud;
   2. 18 U.S.C. Section 1343 - Wire Fraud;
   3. 18 U.S.C. Section 1346 - Honest Services Fraud; and
   4. 18 U.S.C. Section 371 - Conspiracy.
3. Dual Responsibility. Investigations of employee benefit plans may involve both civil and criminal violations of ERISA and related sections of Title 18. The RD will decide whether to pursue an investigation civilly, criminally, or conduct parallel investigations.

4. Parallel Investigations. When a civil investigation develops information indicating that a violation of either Title 18 or the ERISA criminal sections has occurred, the RD will decide whether to open a criminal investigation. The RD will decide whether to conduct civil and criminal investigations concurrently or consecutively.

   If the RD decides to proceed concurrently with both civil and criminal investigations:

   1. The RD should decide whether the Investigator/Auditor assigned to the civil investigation should continue to work on the civil investigation or should be reassigned to the criminal investigation. However, in making the decision, the RD should consider maintaining the Investigator/Auditor and Supervisor assigned to the civil investigation when litigation is imminent or expected so as to ensure consistency and continuity in the civil investigation. The RO should inform the OE Chief of Criminal Investigations of any reassignment of a civil investigator to a concurrent criminal investigation.
   2. The same Investigator/Auditor or Supervisor should not be assigned to both the civil and criminal investigations. For example, Investigator/Auditor A and Supervisor A are assigned to the civil investigation. Investigator/Auditor B and Supervisor B are assigned to the criminal investigation. If a new Investigator/Auditor needs to be assigned to the civil investigation, it should not be Investigator/Auditor B.
   3. The same person may not be the second-level reviewer for both the civil and criminal investigations. For example, the RD should not be the secondary reviewer for the civil case and the criminal case. Instead, the RD could be the secondary reviewer for the civil investigation and the Deputy RD could be the secondary reviewer for the criminal investigation.
   4. When the criminal investigation is opened, duplicate all relevant documents, interviews and other information from the civil case file and place them in the criminal case file.
   5. The Senior Advisor for Criminal Investigations will coordinate with the criminal Investigator/Auditor for any further access to the civil case file.
5. Postponement or Delay Requests. Federal, state, or local governmental agencies may request that EBSA postpone or delay a civil ERISA investigation or witness interviews/testimony. The RO should consider such requests after receiving a written request or an oral request confirmed in a letter to the requesting agency by the RD, stating the reasons why a postponement or delay is appropriate and the length of the anticipated delay. The RO may consult with OE before making any EBSA decision or response regarding the request.
6. Written Plan. The Supervisor or second-level reviewer may determine that a written investigative plan is appropriate in a particular criminal investigation. Prior to preparing a written investigative plan, Investigators/Auditors should discuss the matter with the prosecutor for concurrence. If a written investigative plan is prepared, see Figure 1 for a criminal investigative plan format and Figure 2 for updating the criminal investigative plan.

7. Disclosure of Criminal Investigation. EBSA does not inform plan officials or others as to the source of its investigations.

   When conducting criminal investigations, Investigators/Auditors should clearly state that EBSA is conducting a criminal investigation. When issuing an administrative subpoena in a criminal investigation, EBSA must state in the subpoena that it is conducting a criminal investigation.

   When EBSA Investigators/Auditors participate in criminal investigations with other law enforcement agencies, the RO should consult with the prosecutor regarding how to handle such disclosures. In criminal investigations, it is the responsibility of each RO to follow the practice of the prosecutor’s office in the district of the case location. If the prosecutor’s office is within the jurisdiction of the RO and has different procedures, the RO should always follow the procedure of the prosecutor’s office with jurisdiction over the criminal investigation.

   If an Investigator/Auditor conducting a civil investigation is asked by a witness whether there is a criminal investigation (or asked by the witness whether the witness is the subject of a criminal investigation), the Investigator/Auditor conducting the civil investigation should (re)state to the witness the advisory that any information obtained from the witness concerning potential criminal violations may be referred to the U.S. Department of Justice or other appropriate authority. The Investigator/Auditor should also clearly state that it is the EBSA’s policy to neither confirm nor deny the existence of any criminal investigation.

8. Fidelity Bonds. Criminal investigative teams should take reasonable actions that may lead to the restoration of monetary losses to plans and participants/beneficiaries, including the identification of potential claims on ERISA bonds and other insurance. Matters should be referred for parallel civil cases or litigation when appropriate.
9. Documentation. Investigators/Auditors must fully document all investigative activity in accordance with the requirements set forth in the Enforcement Manual (EM) sections on Files, Case Assignment and Control; Conducting and Documenting Interviews; and Collection and Preservation of Evidence. Place the work papers not included in a Report of Investigation in a separate indexed folder kept with the case file.
10. Document Receipt and Custody of Records. When an Investigator/Auditor receives records either on a voluntary basis or in response to a grand jury subpoena, he/she must carefully note and take the proper steps to safeguard the records. See paragraphs 13, 14, 15, and 16 below regarding the storage, security, and maintenance of grand jury documents. Also, see the EM section on Collection and Preservation of Evidence for procedures to follow when taking custody of any plan books and/or records produced voluntarily.

11. Contact with USAO. Contact the USAO at the earliest possible stage of the investigation to determine their interest and the resources available to prosecute the matter.

    If the USAO is interested in pursuing the investigation, the Investigator/Auditor, with the approval of their Supervisor, will consult on an as-needed basis with the prosecutor assigned to the investigation. The Investigator/Auditor should advise the USAO if there is an ongoing civil investigation.

    If there is an ongoing civil investigation and a criminal prosecutor has been assigned to the criminal investigation, notify the civil case supervisor. For civil cases referred to SOL, the RO will provide the name of the prosecutor to PBSD/RSOL as soon as possible.

12. State/Local Prosecutors. If the USAO is not interested or lacks resources to pursue the investigation, the RO should consider contacting state or local prosecutors.

    Investigators/Auditors should be aware that any information obtained through a federal grand jury is subject to the secrecy requirements of Federal Rules of Criminal Procedure 6(e), (Rule 6(e)), and may not be disclosed to anyone not on Rule 6(e) disclosure list for that case, including state or local prosecutors, without authorization from the USAO.

13. Use of the Grand Jury. When Title 18 or ERISA criminal statutory violations are involved, the RO should consult with the prosecutor to determine whether grand jury subpoenas will be used to obtain records and testimony from witnesses. If grand jury subpoenas are issued, the RO should ensure the Rule 6(e) disclosure list is prepared. The Rule 6(e) disclosure list should include the Investigator(s)/Auditor(s) and supervisory personnel assigned to the criminal investigation, as well as the Senior Advisor for Criminal Investigations, the OE Chief of the Division of Criminal Investigations, and other EBSA personnel involved in the criminal investigation.

14. Handling and Securing Grand Jury Information. Rule 6(e) prohibits the disclosure of any information that would reveal matters occurring before the grand jury. Rule 6(e) does not cover all information developed during the course of a grand jury investigation.

    Rule 6(e) covers all information that would reveal:

    1. The strategy or direction of the investigation;
    2. The nature of evidence produced before the grand jury;
    3. The views expressed by members of the grand jury; or
    4. Anything else that occurred before the grand jury.

    Documents obtained pursuant to grand jury subpoenas may be secret and subject to the disclosure rules found under Rule 6(e). Local rules and case law in the jurisdiction where the grand jury is sitting govern whether subpoenaed documents are subject to the secrecy rules of Rule 6(e). Investigators/Auditors should presume that documents subpoenaed by a grand jury are subject to the secrecy requirement of Rule 6(e), unless instructed otherwise by the USAO. This information may include all materials obtained through the grand jury subpoena and any work papers, schedules, etc., which have been prepared using information obtained by the grand jury subpoena.

    A civil investigation cannot use grand jury information unless the appropriate court issues an appropriate order under Rule 6(e) of the Federal Rules of Criminal Procedure. See EM section on Subpoenas on procedures to seek “6(e) orders.”

    When EBSA employees use grand jury information in any format, they must ensure that no unauthorized person gains access to the information. When grand jury information is not in use, it should be securely stored.

    Investigators/Auditors should keep all grand jury documents, including electronic media, separate from all other documents. They should keep grand jury documents in separately marked envelopes, boxes, or file cabinets that are clearly marked to indicate that they contain grand jury material. Investigators/Auditors should not commingle grand jury documents with evidence obtained by other means. Each submission of grand jury information should be separately identified as to its source and date received, and separately numbered and indexed.

    Records involving health care offenses, obtained pursuant to investigative demand procedures under 18 U.S.C. Section 3486, are not subject to the constraints of Rule 6(e).

15. Maintenance of Case Files. Investigators/Auditors should maintain all non-grand jury case information in a secure fashion within the RO. As indicated in paragraph 14 above, case files containing grand jury information should be properly marked, secured, and stored.
16. Returning, Archiving, or Destroying Grand Jury Documents. The RO should archive all criminal cases according to EBSA policy. Prior to archiving the case files, and with the permission of the USAO, all grand jury information shall be removed from the file and ––
    1. Returned to the source, if so desired by the source;
    2. If not returned to its source, destroyed by the RO. The RO has authority to use private contractors. Before giving private contractors grand jury information for destruction, the documents should be boxed, securely taped and marked “Grand Jury Information - Not To Be Opened By Unauthorized Persons;”
    3. Archived - in addition to the standard markings required for boxes being transferred to the Federal Records Center, grand jury information should also be marked “Grand Jury Information - Not To Be Opened By Unauthorized Persons;” or
    4. Handled as the USAO instructs.
17. Use of Administrative Subpoenas.
    1. EBSA may issue administrative subpoenas in a criminal investigation. EBSA does not use its administrative subpoena authority to compel testimony in its criminal investigations but may issue a subpoena duces tecum to acquire documents and tangible things only. In connection with a subpoena duces tecum, EBSA may require a witness to testify to the authenticity of the documents. See the EM section on Subpoenas.
    2. In issuing an administrative subpoena in a criminal investigation, EBSA should state that it is conducting a criminal investigation pursuant to ERISA Section 506(b).
    3. Before issuing any subpoenas in a criminal investigation, Investigators/Auditors should arrange with the Senior Advisor for Criminal Investigations to review the civil case file for the desired material.

18. Criminal Investigation Interviews. In criminal investigation interviews, Investigators/Auditors must clearly identify themselves. Investigators/Auditors should display EBSA credentials and seek the interviewee’s voluntary cooperation. The Investigator/Auditor will advise that he/she is conducting a criminal investigation and inform the interviewee that EBSA may refer any information obtained to the DOJ or other appropriate agency. See the EM section on Conducting and Documenting Interviews.

    In criminal investigations with other law enforcement agencies, or after referral to the USAO, the RO should consult with the USAO on how to conduct criminal interviews. This ensures EBSA follows the practice of the USAO in the district where the criminal investigation is conducted.

19. Retention of Investigator’s Notes, Warnings to Witnesses and Subjects, Etc. For civil investigations, EBSA policy on matters such as retention of Investigator’s/Auditor’s notes, warnings to subjects and other witnesses, etc., is established on a national level and implemented in a uniform manner throughout the ROs.

    In criminal investigations, however, each RO must follow the practice of the USAO in the district where the criminal investigation is conducted. If the USAOs within the jurisdiction of a RO have different procedures, the RO should always follow the procedures of the USAO with jurisdiction over the criminal investigation. The Investigator/Auditor should retain interview notes. See the EM section on Conducting and Documenting Interviews, paragraph 17.b. If the Investigator/Auditor takes no notes during an interview, the Investigator/Auditor should prepare a rough draft representing his or her impressions immediately after the interview. Retain the rough draft and interview notes unless the USAO directs otherwise.

20. Expert Witnesses. ROs should coordinate requests for EBSA expert witnesses through the OE Chief of the Division of Criminal Investigations.

21. Search and Seizure. Investigators/Auditors may conduct and participate in a search and seizure action. Although EBSA Investigators/Auditors may prepare an affidavit, Investigators/Auditors are not authorized to apply for or request a warrant. The USAO or agents from other law enforcement agencies authorized to apply for a warrant make the application or request for a warrant.

    Investigators/Auditors may not serve the warrant. Investigators/Auditors should coordinate on-site search and seizure actions with the law enforcement agencies applying for the warrant.

22. Reports. If the RO has contacted the USAO, the RO will consult with the USAO on whether and how to prepare a written report. The format for closed criminal case Reports of Investigation is included as Figure 3. See Figure 4 for the format used for Action Reports of Investigation and Figure 5 for cover letters to the USAO.
23. Declinations. When the USAO orally declines a case, the RO will confirm with a letter to the USAO or by memorandum to the case file. The letter or memorandum should include the reasons for the declination.
24. Case Closing. The RO will close the criminal investigation under the following circumstances:
    1. When no violations are found;
    2. When the USAO declines to prosecute; or
    3. When prosecution is completed (either upon sentencing or acquittal), or
    4. After the time for appeal has run or the exhaustion of all appeals.
25. Plea Agreements. During plea agreement negotiations, if the USAO considers the defendant’s request for the government, through the Department, to agree not to file any civil action under ERISA, the USAO must be advised that such an agreement must be coordinated through OE. The RD should prepare a memorandum to the Director of Enforcement that provides the rationale for the RD’s recommendation. The RO should notify the OE Chief of the Division of Criminal Investigations of any unusual provisions in a plea agreement.

26. Debarment Notice. The RO should serve a debarment letter to a person convicted of a crime set forth in ERISA Section 411 after sentencing (Figure 6). Deliver the letter in hand and if such method is not cost effective, use one of the other following methods.:

    1. By certified mail return receipt requested;
    2. To the convicted person’s attorney by certified mail return receipt requested; or
    3. By other means that can be clearly documented.

    The RO should advise the USAO of this action. This letter will notify the person convicted of the crimes covered by ERISA Section 411 that he/she is prohibited from occupying a position related to employee benefit plan administration, and that the intentional violation of this prohibition is a crime. If appropriate, the RO should send a similar letter to plan officials or service providers (Figure 7).

    The RO should ensure that the case file contains documentation that clearly shows that the convicted person has been notified of the debarment.

    If ERISA Section 411 does not list the crime for which the person was convicted, the RO will prepare a memo to the OE Chief of the Division of Criminal Investigations seeking guidance.

Subject:

Name of Plan
Address
SSN#
Case No.

To: Supervisor

From: Investigator/Auditor

Investigative Plan for Subject Case

1. Results of Indices Search

   (Summarize any pertinent information in any other investigative files involving the subject which might have a bearing on the investigation.)

2. Allegations/Investigative Leads

   (Analyze each allegation or investigative lead within the context of the applicable sections of the statute and regulations. Identify each allegation or lead seriatim using the following general outline:

   1. Set forth the alleged violation or lead, being as concise as possible without sacrificing the meaning.
      1. Indicate which statutory provision(s) (e.g., 18 U.S.C. Section 664) appears to have been violated together with applicable references to any regulations (applicable to ERISA Section 501 violations only).
      2. List the elements of proof needed to establish that a violation has occurred.
   2. Repeat as in II.a for all allegations/leads.)

3. Planned Investigative Activity

   (Indicate what records will be reviewed and/or what interviews will be conducted and what information and documentation will be solicited to fully investigate the allegations and/or investigative leads. The following outline should be used in setting out the planned investigative activity:

   1. General

      Set forth any investigative activity not related to resolving a specific allegation or lead such as verifying the adequacy of the plan’s bond.

   2. Allegation/Lead #1

      Identify all the activity needed to fully investigate the allegation/lead.

   3. Allegation/Lead #2

      Repeat as in B for all allegations/leads.)

4. Estimation of the number of workdays required to complete the investigation.

Investigator/Auditor

Subject:

Name of Plan
Address
SSN#
Case No.

To:

Supervisor

Update of Investigative Plan

1. Changes in Original Plan

   (Identify any deletions from the original plan together with the reason for the deletions.)

2. Additional Planned Investigative Activity

   (Fully describe what additional investigation will be conducted.)

3. Changes in the Estimated Number of Workdays

   (After consultation with the Investigator/ Auditor, the Supervisor will note any changes in the estimated number of workdays required to complete the investigation.)

1. Predication

   (Basis for investigation.)

2. Background

   (This can be limited to setting forth the facts about the subject, e.g., relationship to plan(s) or related entities, type of plan(s), total participants and assets for most recent year or nature of related entities.)

3. Findings

   (Cite the facts to show that the allegation(s) was not a violation. In cases where violations are substantiated, state reasons for declination.)

1. Predication

   (Basis for investigation.)

2. Background

   (Purpose: Identify:

   • the plan sponsor, including the corporate structure, officials, key employees, and their duties;
   • the plan(s) or related entities. For each plan include the type of plan, when established, type of benefits, type of administrator, total participants and assets for most recent year, and whether there is a fidelity bond; and
   • service providers where relevant.)

   (This section establishes coverage and who the person(s) or the violator(s) are.)

   (Evidence in support of these elements must be presented and cited as exhibits. This section may be broken down into additional sub-headings, e.g.:

   1. Plan Sponsor
   2. Plan.)

3. Issues

   (Purpose: Present facts that establish the nature of the act(s) that give rise to the violation(s) and establish the proof. For example, 18 U.S.C. Section 664 requires proof that the assets of a plan or assets of a connected fund were involved, that there was a depletion of those assets, and that it was willful.)

   (This section must also show when the act(s) occurred for statute of limitation purposes.)

   (Evidence in support of the facts in this section must be presented and cited as exhibits. This section may be broken down into sub-headings as necessary.)

4. Leads

   (Purpose: Detail any issue that needs to be investigated further or additional investigations that need to be accomplished.)

5. Exhibits

   (All significant facts presented in the Report should be supported with exhibit citations. The following procedures should be used in submitting exhibits.

   1. State the name of the individual who is the subject of a Report of Interview, signed statement, or sworn administrative testimony. Also state the date of the interview or testimony.
   2. Accurately identify each exhibit with sufficient detail to describe what the exhibit is. For example: Bank Statement for Account Number ## at ABC Bank for May 2020.
   3. Make each supporting document a separate exhibit.
   4. Number multiple-page exhibits.
   5. Identify exhibits by number.
   6. Ensure that all copies are legible.
   7. Include all relevant documents, interviews, or records as exhibits.)

USAO
Address

Attention: ____________________ (AUSA Assigned Case)

RE: Subject(s) of Investigation

Dear ____________________

(This letter should briefly 1) provide background information on the plan or entities involved or the subject(s); 2) summarize the violations; 3) address statute of limitations concerns and list the earliest date that may bar a suit; 4) discuss any parallel investigations; 5) discuss possible defenses; 6) identify any need for additional investigation; and 7) provide recommendations. In short, it should be a synopsis of the investigation.)

Introduction: (Briefly present background information regarding the plan(s) and/or related entities involved, the subject(s), and other agency involvement.)

Violation(s): (Briefly summarize the violations, discuss any statute of limitation concerns and address the earliest possible date that may bar a suit.)

Defenses: (Present any defense that may be encountered.)

Parallel Investigations: (Advise of the existence of a parallel investigation and status.)

Recommendations: (Include any additional investigation activity which is underway or any that is, or should be, considered.)

Sincerely,
Regional Director

cc: File

Certified Mail No.:
Return Receipt Requested

Date:

Name
Address

Dear ____________________,

On (date that judgment was entered), you were convicted of ____________________. As a result of this conviction, you are prohibited by Section 411 of the Employee Retirement Income Security Act (29 U.S.C. Section 1111) from serving or being permitted to serve in the following positions and capacities.

You are prohibited from serving any employee benefit plan as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, employee or representative in any capacity. You are prohibited from serving in any capacity that involves decision-making authority or custody or control of the moneys, funds, assets or property of any employee benefit plan.

You are prohibited from serving as a consultant or adviser to an employee benefit plan. The term “consultant” means any person who, for compensation, advises or represents an employee benefit plan or who provides other assistance to such plan, concerning the establishment or operation of such plan. A consultant or adviser to an employee benefit plan includes, but is not limited to, any entity whose activities are in whole or substantial part devoted to providing goods or services to any employee benefit plan.

Under the provisions of Section 411, you may not serve or be permitted to serve in any of the positions and capacities listed above until thirteen years after the conviction, or if imprisoned, until thirteen years after the end of any such imprisonment which resulted from the conviction, whichever is the later date. This disability applies unless such conviction is finally reversed on appeal; or your citizenship rights, having been revoked as a result of such conviction, have been fully restored; or you are granted an exemption from disqualification. The exemption may be granted by either the sentencing federal judge, in the case of a disqualifying federal offense, or the United States district court for the district in which a state or local disqualifying offense was committed.

The period of disability may be reduced to a shorter period by the court in which you are convicted and sentenced if you make application to that court for such relief. However, the period of disability may not be reduced by the court to a period which extends to less than three years after the conviction or after the end of any imprisonment resulting from the conviction, whichever is the later date.

This letter is to advise you that any intentional violation of the provisions of Section 411 is a felony, punishable by a fine or imprisonment for not more than five years, or both.

Sincerely,
Regional Director

cc: File

Certified Mail No.:
Return Receipt Requested

Date:

Name
Address

Dear ____________________,

On (date that judgment was entered), _____ was convicted of _____ in violation of _____. As a result of this conviction, _____ is prohibited by Section 411 of the Employee Retirement Income Security Act (29 U.S.C. Section 1111) from serving or being permitted to serve in the following positions and capacities.

_____ is prohibited from serving as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, employee or representative in any capacity of any employee benefit plan.

_____ is also disqualified from serving in any capacity that involves decision-making authority or custody or control of the moneys, funds, assets or property of any employee benefit plan.

_____ is prohibited from serving as a consultant or adviser to an employee benefit plan. The term “consultant” means any person who, for compensation, advises or represents an employee benefit plan or who provides other assistance to such plan, concerning the establishment or operation of such plan. A consultant or adviser to an employee benefit plan includes, but is not limited to, any entity whose activities are in whole or substantial part devoted to providing goods or services to any employee benefit plan.

Under the provisions of Section 411, __________ may not serve or be permitted to serve in any of the positions and capacities listed above until thirteen years after conviction, or if imprisoned, until thirteen years after the end of any such imprisonment which results from the conviction, whichever is the later date. This disability applies unless such conviction is finally reversed on appeal; or _____‘s citizenship rights, having been revoked as a result of such conviction, have been fully restored; or __________ is granted an exemption from disqualification. The exemption may be granted by either the sentencing federal judge, in the case of a disqualifying federal offense, or the United States district court for the district in which a state or local disqualifying offense was committed.

The period of disability may be reduced to a shorter period by the court in which _____ was convicted and sentenced if __________ makes application to that court for such relief. However, the period of disability may not be reduced by the court to a period which extends to less than three years after the conviction or after the end of any imprisonment resulting from the conviction, whichever is the later date.

Section 411 imposes this disability on __________ and further provides that no person shall knowingly hire, retain, employ, or otherwise place any other person to serve in any capacity in violation of its terms.

This letter is to advise you that any intentional violation of the provisions of Section 411 is a felony, punishable by a fine or imprisonment for not more than five years, or both.

Sincerely,
Regional Director

cc: File

1. When the issues relate to a reduction of a bar or an exemption pursuant to Section 411(a), the investigation should be conducted as a Program 47. Refer to the EM section on Prohibited Persons, paragraph 5. ↩