The Fact Sheet recently published by the U.S. Department of Labor documenting Fiscal Year 2014 civil and criminal enforcement activity under the Employee Retirement Income Security Act of 1974, as amended showed a continuing increase in the number of investigations conducted by DOL. As reported in Sutherland's Legal Alert of January 4, 2010, DOL has been stating since at least 2009 that it would increase the frequency with which it, working with the U.S. Justice Department, would invoke the criminal provisions applicable to ERISA plans.
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