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Found 4 results

  1. Group: I may be going crazy given this day and age we are living in. I thought I read on one of the older benefits link.com messages/posts that the DOL - in some investigations - will not issue a closing letter but still close out their audit. Could this occur in a small case DOL Audit for an esop with less than $5k value? Or did I misunderstand the posting that the DOL Audit will always include some form of closing agreement or determination? Thank you in advance.
  2. Group: I wasn't sure which area to post I'm hoping this is proper message board. Client's ESOP had a DOL investigation (Plantation, FL EBSA office) start early 2020. I represent client as their Tax/ERISA Attorney. Throughout 2020 I provide all requested documentation. Then from Sept '20 we don't hear anything. A few days ago I get an email from a new investigator saying he will be issuing new subpoenas. We've provided everything I can think of. Anyone else represent clients from this DOL EBSA dept? There happens to be a related US Tax Court matter in its beginning stages related to tax deficiencies and disqualification of clients ESOP. Any other practitioners been successful in filing declaratory actions in Federal Court? instead of waiting years on end for the DOL to conclude its investigation? Thoughts and comments appreciated.
  3. Group: Clients' retirement plan (ESOP) is being audited by DOL for tax year 2017 to present. As a side note, clients' same retirement plan (ESOP) has two audits running concurrently with TEGE and SBSE. My queries relate to properly responding to initial IDR and whether stating request is outside of statute of limitation is appropriate. 1. Per IDR, DOL is requesting records (such as articles from plan sponsor entity which was set up approx 10 years ago). Is it appropriate to state in response: Outside of statute of limitation. How do other practitioners respond? Send everything? 2. Also, IDR is requesting service provider fee agreements which would include my own attorney engagement letter. I've read conflicting articles and research saying that attorney fee agreements are not protected by atty-client privilege and other resources saying they are. I'd prefer not to give the govt carte blanche. Thoughts and comments appreciated. Warm regards Joe Dadich, Esq.
  4. After enactment of the ACA much has been written about the DOL 's supposed focus on investigating health plans for ACA, HIPPA and other compliance and there has been anecdotal evidence of a few investigations but is it really a DOL priority? Anybody have experience with any such investigations and if so what DOL Regional Office? Thanks
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