Feds take aim at 401(k) crooks

Amid the economic downturn, 401(k) abuses by plan sponsors are on the rise.
JUL 12, 2009
Amid the economic downturn, 401(k) abuses by plan sponsors are on the rise. The Employee Benefits Security Administration, the Department of Labor agency that enforces rules created by the Employment Retirement Income Security Act of 1974, would not release the number of investigations it has recently opened into potential 401(k) plan violations. However, that number has climbed as the economy has faltered, said Virginia Smith, director of the Office of Enforcement at the EBSA. “Typically, the charges that we bring are embezzlement or theft,” she said. Ms. Smith spoke last month during a webcast on fiduciary issues concerning defined contribution pension plans that was sponsored by the American Law Institute-American Bar Association in Philadelphia. Much of the increase can be attributed to the fact that the EBSA has recently begun referring smaller-dollar criminal cases to state and local prosecutors, she wrote in an e-mail. Previously, such cases might not have been pursued, Ms. Smith added. The EBSA is also seeing a rise in the number of 401(k) plans that are being abandoned by plan sponsors, she said. Since launching its abandoned-plan program in May 2006, the EBSA has received more than 300 applications to close 401(k) plans that have been deserted by their sponsors. The program has led to the distribution of more than $10 million in assets to more than 700 plan participants. Under the program, insurance companies, banks, trust companies and mutual funds that hold abandoned-plan assets can apply to the EBSA to close a plan and distribute the assets to participants. During the past 12 months, EBSA has received about 180 applications to close abandoned plans, up from 76 during the program's first year of existence. E-mail Sara Hansard at [email protected].

Latest News

SEC to lose Hester Peirce, deepening a commissioner crisis
SEC to lose Hester Peirce, deepening a commissioner crisis

The "Crypto Mom" departure would leave the SEC commission with just two members and no Democratic commissioners on the panel.

Florida B-D, RIA owner pitches bold long-term plan to sell to advisors
Florida B-D, RIA owner pitches bold long-term plan to sell to advisors

IFP Securities’ owner, Bill Hamm, has a long-term plan for the firm and its 279 financial advisors.

Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships
Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships

Meanwhile, a Osaic and Envestnet ink a new adaptive wealthtech partnership to better support the firm's 10,000-plus advisors, and RIA-focused VastAdvisor unveils native integrations with leading CRMs.

Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions
Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions

A former Alabama investment advisor and ex-Kestra rep has been permanently barred and penalized after clients he promised to protect got caught in a $2.6 million fraud.

Why the evolution of ETFs is changing the due diligence equation
Why the evolution of ETFs is changing the due diligence equation

As more active strategies get packaged into the ETF wrapper, advisors and investors have to look beyond expense ratios as the benchmark for value.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management