2431. Form Indictment -- 29 U.S.C. 1131

Willful Failure to Maintain Required Records Pertaining to Employee Pension and Welfare Benefit Plans in the Private Sector (29 U.S.C. §  1131)

1. At all times material to this Indictment the defendant _______________ was subject to a requirement under Title I of the Employee Retirement Income Security Act [to file with the Secretary of Labor (annual financial reports) (summary plan descriptions) (plan descriptions) (terminal and supplementary reports) on behalf of] */ [ to certify information to the administrator of] **/ (name of employee pension or welfare plan), an employee benefit plan, and to maintain records on the matters of which disclosure was required so as to provide in sufficient detail the necessary basic information and data from which the required [reports / descriptions / certified information] may be verified, explained, clarified, and checked for accuracy and completeness. ***/
2. From on or about (date) until on or about (date) in the ____________ District of ____________ the defendant _____________ did willfully fail to maintain records on matters of which disclosure was required in that he/she failed to make, keep, and maintain records pertaining to (subject matter of which disclosure was required) in sufficient detail so as to provide the necessary basic information and data from which (particular report or description required to be filed / information document required to be certified) could be verified, explained, clarified, and checked for accuracy and completeness.

   All in violation of Title 29, United States Code, Section 1131.

*/See 29 U.S.C. §§ 1021(b), 1021(c) and 1024(a) concerning the filing of required reports and descriptions by employee benefit plans and plan administrators.

**/ See 29 U.S.C. § 1024(b) concerning the certification of information to plan administrators by insurance carriers, banks, organizations providing plan benefits for holding plan assets, and sponsoring employers and employee organizations.

***/ See 29 U.S.C. § 1027 concerning the retention of records supporting required reports, descriptions, and information which were actually filed or certified or which would have been filed or certified but for an exemption or simplified reporting requirement prescribed by U.S. Department of Labor regulation.

[cited in JM 9-135.010]