What triggers criminal (jail time) charges from DOL/ERISA?
Essentially, if you lie, cheat, or steal…especially for your own gain…you’re talking criminal. Example: You make an over-priced deal with a UR firm which your wife owns. You did not shop around at all, and mis-led the client into thinking it was an arm’s length deal. A regular goof would probably be prosecuted as only a civil (fines) offense. ERISA is one of the rare laws that lets prosecution for the same offense proceed as civil and/or criminal and revert back & forth as the issue evolves.