U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part part 5— administration and enforcement

29 U.S.C. § 1149

Prohibition on false statements and representations

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No person, in connection with a plan or other arrangement that is 11 So in original. Probably should be followed by “a”. multiple employer welfare arrangement described in section 1002(40) of this title, shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the representative or agent of any such person, State, or the Secretary, concerning—(1) the financial condition or solvency of such plan or arrangement;(2) the benefits provided by such plan or arrangement;(3) the regulatory status of such plan or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or(4) the regulatory status of such plan or other arrangement regarding exemption from state 22 So in original. Probably should be capitalized. regulatory authority under this chapter.This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under section 1002(40)(A) of this title.(Pub. L. 93–406, title I, § 519, as added Pub. L. 111–148, title VI, § 6601(a), Mar. 23, 2010, 124 Stat. 779.)Editorial NotesReferences in Text

This chapter, referred to in par. (4), was in the original “this Act”, meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2024 · leading case: Daniel Soehnlen v. Fleet Owners Ins. Fund, 844 F.3d 576 (6th Cir. 2016).
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Daniel Soehnlen v. Fleet Owners Ins. Fund, 844 F.3d 576 (6th Cir. 2016). · cites it 2× “Count V: Breach of § 1149 In Count V of their complaint, Plaintiffs argue pursuant to 29 U.S.C. § 1149 that Defendants Robert Kavalec, Victor Collo-va, and Charlie Alferio made false statements and false representations of fact, knowing these representations to be false in…”
In Re United States Sugar, Corp. Litig., 669 F. Supp. 2d 1301 (S.D. Fla. 2009). “White, and Robert Bunker, pursuant to ERISA § 510, 29 U.S.C. §§ 1149 and 1132(a)(3). All defendants filed motions to dismiss all the counts alleged against them.”
United States v. Borino (5th Cir. 2024). “§ 7206 (2) (Counts 2–13); making false statements and representations in connection with a multiple employer welfare arrangement, in violation of 29 U.S.C. § 1149 (Counts 14–18); conspiracy to commit wire fraud, in violation of 18 U.”
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