Litigating Authority of Department of Labor Attorneys in District Court Proceedings Under ERISA—29 U.S.C. § 1111

With respect to disqualifying crimes committed on or after November 1, 1987, the Department of Labor has litigating authority in district court proceedings pertaining to relief from disqualification imposed by 29 U.S.C. § 1111. ERISA Section 502(j) provides that "in all civil actions under this subchapter, attorneys appointed by the Secretary may represent the Secretary but all such litigation is subject to the direction and control of the Attorney General." 29 U.S.C. § 1132(j). An application for relief is viewed as a civil action because it involves a separate proceeding from the criminal prosecution and because the statutory prohibition is remedial rather than punitive in nature.

See

DeVeau v. Braisted

, 363 U.S. 144 (1960).

Therefore, in relief proceedings arising under 29 U.S.C. § 1111 attorneys from the office of the Solicitor of Labor may be designated by the Secretary to appear on his behalf. Supervision of such litigation by the Attorney General is exercised by each United States Attorney for the judicial district where the proceeding for relief will be held in consultation with the Assistant Attorney General, Criminal Division, pursuant to 28 C.F.R. § 0.55(i).

[cited in

JM 9-138.170

]