"Insider's Guide to DOL Audits" Released
NEW YORK, NY, October 2, 2007 -- Now there's a loose-leaf resource from Aspen Publishers for anyone involved with a private employee benefit plan subject to audit by the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL). Written by three former DOL auditors, the Insider's Guide to DOL Audits provides practical advice and unique guidance on managing an audit from start to finish. Aspen Publishers, part of the Wolters Kluwer Law & Business group, is a leading information provider for legal and business professionals and law students ( www.aspenpublishers.com ).
"The DOL has a better than 50 percent success rate when it comes to launching investigations that lead to penalties - and the DOL launches about 6,000 investigations per year," notes co-author Frank J. Bitzer, a recipient of a Special Award of Merit for obtaining the fastest criminal indictment in DOL history. "The DOL itself provides little guidance on the audit process, so even the most seasoned employment professionals and legal practitioners can use assistance when dealing with the Department."
Insider's Guide to DOL Audits stands out as the one source that shows how to deal with EBSA investigators before, during and after an audit; how to avoid and or remedy prohibited transactions and remedy them when they are found; and how to avoid 502(l) penalties. It begins with a detailed examination of the structure and functions of the EBSA and its departments and continues with thorough treatments of both civil and criminal enforcement, including a chapter devoted to special ESBA enforcement projects. High-interest topics such as party-in-interest transactions, investment fees, self-dealing, kickbacks and fiduciary duty are all examined in depth.
The experienced authors also provide case studies and examples from their own experience representing the government - and clients - during DOL audits. Extensive forms, checklists and directories make this a uniquely useful resource.
About the Authors
Frank J. Bitzer, Esq., CEBS, is currently ERISA Legal Counsel and Assistant Vice President, Fifth Third Bancorp. Formerly, Bitzer was with the EBSA. He received a Special Award of Merit for obtaining the fastest criminal indictment in DOL history. He has published numerous articles on ERISA in a number of trade publications, including Aspen Publishers' Journal of Pension Benefits, Spencer's Research Reports, and other publications. Bitzer also served as editor and co-author of the ERISA Question-and-Answer column on BenefitsLink.Com. Bitzer is a frequent lecturer on ERISA fiduciary issues to various trade industry groups, bar associations and IRS employee sessions across the country.
Edward A. Schutzman is an employee benefits expert and institutional trust consultant and served as the Bancorp Risk Manager for the Institutional Client Group of the Investment Advisors division of Fifth Third Bancorp for over three years. Prior to joining Fifth Third, Schutzman was District Supervisor of the Detroit District Office of the EBSA and a Senior Investigator with EBSA's Cincinnati Regional Office. During his sixteen-year tenure with the DOL, Schutzman conducted, coordinated and supervised hundreds of civil and criminal investigations of virtually every kind of employee benefit plan and plan service provider. Schutzman has assisted in civil litigation, provided expert testimony in criminal prosecutions and proceedings, and acted as liaison with federal, state and local law enforcement and regulatory agencies, including the U.S. Attorney, Department of Justice, FBI, IRS, SEC, the Office of Inspector General for various federal agencies, and insurance and financial institutions departments.
Nicholas W. Ferrigno, Jr., is a Member of the law firm of Greenebaum Doll & McDonald PLLC and concentrates his practice in employee benefits law and litigation as Chair of the Firm's ERISA Controversy Team. He was recently named by Law & Politics as a Kentucky Super Lawyer and as a Cincy Leading Lawyer by Cincy Magazine. Ferrigno previously served with the U.S. Department of Labor - Employee Benefits Security Administration, and is a nationally recognized lecturer on the topic. Ferrigno is a past Chair of the Employee Benefits Committee of the Cincinnati Bar Association, co-founder and past President of the ASPPA (American Society of Pension Professionals and Actuaries) Benefits Council of Greater Cincinnati and serves on the Great Lakes Area Tax-Exempt/Government Entities Council of the Internal Revenue Service.
Availability and Price
For more information or to purchase the one-volume loose-leaf Insider's Guide to DOL Audits, call 1-800-638-8437 or visit www.aspenpublishers.com . Price is $249. Any new edition or supplement issued within three months of purchase of the main edition will be sent free of charge.
About Wolters Kluwer Law & Business
Wolters Kluwer Law & Business is a leading provider of research products and software solutions in key specialty areas for legal and business professionals, as well as casebooks and study aids for law students. Its major product lines include Aspen Publishers, CCH, Kluwer Law International and Loislaw. Its markets include law firms, law schools, corporate counsel and professionals requiring legal and compliance information. Wolters Kluwer Law & Business, a unit of Wolters Kluwer, is based in New York City and Riverwoods, IL. For more information, visit www.wolterskluwer.com .
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