# Justice Manual § 9-138.150: Litigating Authority of Department of Labor Attorneys in District Court Proceedings Under ERISA—29 U.S.C. § 1111

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-138.150

## Section

- **Citation:** Justice Manual § 9-138.150
- **Heading:** Litigating Authority of Department of Labor Attorneys in District Court Proceedings Under ERISA—29 U.S.C. § 1111
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-138.000 - Prohibition Against Certain Persons Holding Office And Employment / Justice Manual § 9-138.150

## Text

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
]

## Nearby sections

- [Justice Manual § 9-138.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-138.010.md)
- [Justice Manual § 9-138.020 Investigative and Supervisory Jurisdiction](https://www.frixlaw.com/law-library/statutes/JM_S9-138.020.md)
- [Justice Manual § 9-138.030 Consultation Prior to Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-138.030.md)
- [Justice Manual § 9-138.040 Consultation Prior to Relief of Convicted Individuals From Labor-Management and Pension-Welfare Position Disqualification](https://www.frixlaw.com/law-library/statutes/JM_S9-138.040.md)
- [Justice Manual § 9-138.130 Coordination with the Department of Labor](https://www.frixlaw.com/law-library/statutes/JM_S9-138.130.md)
- [Justice Manual § 9-138.150 Litigating Authority of Department of Labor Attorneys in District Court Proceedings Under ERISA—29 U.S.C. § 1111](https://www.frixlaw.com/law-library/statutes/JM_S9-138.150.md)
- [Justice Manual § 9-138.160 Special Appointment of Department of Labor Attorneys in District Court Proceedings Under LMRDA (29 U.S.C. § 504)](https://www.frixlaw.com/law-library/statutes/JM_S9-138.160.md)
- [Justice Manual § 9-138.170 Delegation of United States Attorney's Responsibility to Appear on Behalf of Federal Prosecuting Officials](https://www.frixlaw.com/law-library/statutes/JM_S9-138.170.md)
- [Justice Manual § 9-138.180 Conflict Resolution](https://www.frixlaw.com/law-library/statutes/JM_S9-138.180.md)
- [Justice Manual § 9-138.200 Civil Actions—Coordination](https://www.frixlaw.com/law-library/statutes/JM_S9-138.200.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-138.150. Check the current official text before relying on it. Not legal advice.