DOL EBSA investigation question

[Tax Cowboy]

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. 

 

[david rigby]

I've heard some horror stories about how the pandemic has "interfered" with various agencies keeping up with the paperwork.

[Gina Alsdorf]

I've seen years many times.  I actually worked as an investigator for the EBSA as my first job out of law school.  Average case time was like nine months to a year.  Many went to 18 or 24 months. If you want to chat more, please feel free to inbox me.  

[Peter Gulia]

Might a could-be defendant prefer a might-be plaintiff’s delay?

Might a delay help time-bar some claims under a statute of limitations, statute of repose, or even laches?