18 U.S.C. § 664

Theft or embezzlement from employee benefit plan

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined under this title, or imprisoned not more than five years, or both.

As used in this section, the term “any employee welfare benefit plan or employee pension benefit plan” means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974.

Notes of Decisions

Cited in 245 cases (19 in the last 5 years), 1970–2026 · leading case: Frank Landry v. Air Line Pilots Ass'n Int'l Afl-Cio, Taca Airlines, S.A. & Charles J. Huttinger, 901 F.2d 404 (5th Cir. 1990).

Sort: Relevance Newest Treatment

Frank Landry v. Air Line Pilots Ass'n Int'l Afl-Cio, Taca Airlines, S.A. & Charles J. Huttinger, 901 F.2d 404 (5th Cir. 1990). · cites it 7× “§ 664 95 Pilots allege that Huttinger’s receipt of retirement benefits is a violation of 18 U.S.C. § 664 . The trial court did not address this issue, finding that pilots had not pleaded the issue in its Original or Amended Complaints.”

United States v. Mett, 178 F.3d 1058 (9th Cir. 1999). · cites it 8× “In order to assist the district court on remand, we also take this opportunity to clarify certain aspects of the scienter required for a pension fund embezzlement conviction pursuant to 18 U.S.C. § 664 . FACTS These criminal prosecutions stem from certain transactions involving…”

United States v. Robert Andreen, 628 F.2d 1236 (9th Cir. 1980). · cites it 10× “” All agree that the Local 89 pension plan, involved in count 2, was a plan within the coverage of 18 U.S.C. § 664 , which prohibits embezzlements from an employee pension fund.”

United States v. George Michael Shipsey, 363 F.3d 962 (9th Cir. 2004). · cites it 4× “§ 1343 ), and theft from an employee pension fund ( 18 U.S.C. § 664 ), arising from the diversion of construction loan proceeds.”

United States v. Robert J. McCarthy, 271 F.3d 387 (2d Cir. 2001). · cites it 6× “The jury convicted McCarthy of three counts of embezzlement of employee benefit plan funds, in violation of 18 U.S.C. § 664 ; ten counts of money laundering, in violation of 18 U.”

Eaves v. Designs for Fin., Inc., 785 F. Supp. 2d 229 (S.D.N.Y. 2011). · cites it 5× “Plaintiffs allege that Defendants’ pattern of racketeering activity consisted of numerous instances of theft or embezzlement from an employee benefit plan, in violation of 18 U.S.C. § 664 , 24 mail fraud in violation of 18 U.”

United States v. George C. Hook, 195 F.3d 299 (7th Cir. 1999). · cites it 6× “§ 1343 , one count of theft from an employee benefit plan, 18 U.S.C. § 664 , and three counts of money laundering, 18 U.”

United States v. Salvatore T. \Sam\" Busacca", 936 F.2d 232 (6th Cir. 1991). · cites it 6× ““Sam” Busacca was convicted of six counts of embezzling funds from an employee benefit plan in violation of 18 U.S.C. § 664 and one count of participating in the affairs of an enterprise through a pattern of racketeering activity in violation of the Racketeer Influenced and…”

United States v. Smith, 641 F.3d 1200 (10th Cir. 2011). · cites it 7× “Defendant-Appellant Paul Smith appeals his convictions for embezzlement from an employee benefit plan under 18 U.S.C. § 664 and making false statements to a government agent under 18 U.”

United States v. West, Jake, 392 F.3d 450 (D.C. Cir. 2004). · cites it 4× “He instead agreed to plead guilty to embezzlement from a pension fund, 18 U.S.C. § 664 , and to one count of making a false statement in a DOL report, 29 U.”

In Re Enron Corp. Sec., Derivative & ERISA, 284 F. Supp. 2d 511 (S.D. Tex. 2003). · cites it 3× “Morgan Chase-Mahonia Enterprise (association-in-fact enterprise); the Enron-CSFB Enterprise (association-in-fact enterprise); and the Enron-Citigroup Enterprise (association-in-fact enterprise). According to Count VI, the pattern of racketeering which Defendants allegedly…”

United States v. William F. Helbling, 209 F.3d 226 (3rd Cir. 2000). · cites it 4× “§ 871 ); (2) four counts of embezzlement of employee pension plan funds from an ERISA covered plan ( 18 U.S.C. § 664 ); (3) eighteen counts of falsifying documents required by ERISA ( 18 U.”

Show all 245 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.