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PUBLIC LAW 87-420-MAR. 20, 1962
[76 STAT.
(b) The analysis of chapter 31, title 18, United States Code, immediately preceding section 641 thereof, is amended by adding at the end thereof the following new item: "664. Theft or embezzlement from employee benefit plan."
18 USC 1001-
(c) Chapter 47 of title 18, United States Code, as amended, is 1026 amended by adding a new section captioned and reading as follows:
- ^§ 1027. False statements and concealment of facts in relation to
documents required by the Welfare and Pension Plans Disclosure Act "Whoever, in any document required by the Welfare and Pension 72 Stat. 997. Plaus Disclosurc Act (as amended from time to time) to be published, 29 USC 301 note. or kept as part of the records of any employee welfare benefit plan or "" ""'"'"' ""*" employee pension benefit plan, or certified to the administrator of any such plan, makes any false statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such Act or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such Act to be published or any information required by such Act to be certified, shall be fined not more than $10,000, or imprisoned not more than five years, or both." 18 USC 1001(d) The analysis of chapter 47, title 18, United States Code, im1026 mediately preceding section 1001, is amended by adding at the end thereof the following new item: "1027. False statements and concealment of facts in relation to documents required by the Welfare and Pension Plans Disclosure Act."
18 USC 1951(e) Chapter 95 of title 18, United States Code, as amended, is ^^^^amended by adding a new section captioned and reading as follows: "§ 1954. Offer, acceptance, or solicitation to influence operations of employee benefit plan " (a) Whoever being— " (1) an administrator, officer, trustee, custodian, counsel, agent, or employee of any employee welfare benefit plan or employee pension benefit plan; or " (2) an officer, counsel, agent, or employee of an employer or an employer any of whose employees are covered by such plan; or "(3) an officer, counsel, agent, or employee of an employee organization any of whose members are covered by such plan; or (4) a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan receives or agrees to receive or solicits any fee, kickback, commission, gift, loan, money, or thing of value because of or with intent to be influenced with respect to, any of his actions, decisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, any fee, kickback, commission, gift, loan, money, or t h m g of value prohibited by this section, shall be fined not more than $10,000 or imprisoned not more than three years, or both: Provided, That this section shall not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person, administrator, officer, trustee, custodian, counsel, agent, or employee of such plan, employer, employee organization, or organization providing benefit plan services to such plan.
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