DOL Investigations of Employee Benefit Plans: Navigating Enforcement Actions, Audits and Settlements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, June 6, 2017

Recorded event now available

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Program Materials

This CLE webinar will prepare employee benefits counsel to represent plan fiduciaries and sponsors facing Department of Labor (DOL) investigations or audits. Our experienced panel will discuss how to navigate the investigation process, offer practice pointers on working with Employee Benefits Security Administration (EBSA) investigators, discuss strategies for determining and implementing corrective action, and offer insights into whether to enter into a settlement agreement.

Description

The agencies responsible for overseeing ERISA-regulated employee benefit plans continue to ramp up investigations and enforcement actions. EBSA recovered $777.5m on behalf of plans, participants and beneficiaries in FY 2016, closing 20% more cases than in 2015. EBSA conducts civil and criminal investigations and has the authority to refer cases to other governmental agencies such as the IRS, SEC, PBGC or U.S. Attorney’s Office.

Investigations can drag on for months or years. Once a plan sponsor or fiduciary is the target of an investigation, benefits counsel must closely examine the agency’s claims, identify and collect extensive documentation, and create an investigation strategy that will resolve the agency’s allegations and foreclose further action.

Counsel must also decide whether or not to enter into a settlement agreement, not always a straightforward decision when settlement can result in an automatic penalty in addition to the cost of remedial measures.

Listen as our experienced panel prepares employee benefits counsel to represent plan fiduciaries and sponsors facing government agency investigations or audits. The panel will discuss how to navigate the investigation process, offer practice pointers on working with EBSA investigators, and discuss strategies for determining and implementing corrective action and deciding whether to enter into a settlement agreement.

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Outline

  1. Overview of DOL/EBSA regulatory scheme and enforcement initiatives
  2. Best practices for responding to investigations and audits
  3. Working with auditors and investigators
  4. Corrective action and settlements

Benefits

The panel will review these and other key issues:

  • What factors should counsel to plan sponsors consider when determining whether to seek settlement of an enforcement action?
  • What are the challenges and pitfalls for negotiating settlements and penalties with EBSA?
  • What are best practices for ensuring compliance and avoiding agency scrutiny?
  • What are the DOL’s enforcement initiatives focusing on in 2017?

Faculty

Ivelisse Berio LeBeau
Ivelisse Berio LeBeau

Member
Sugarman & Susskind

Ms. Berio LeBeau's practice focuses on employee benefits law and ERISA with an emphasis on litigation and...  |  Read More

José M. Jara
José M. Jara

Partner
FisherBroyles

Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance,...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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