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

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.