An attorney embezzled pension funds and defrauded disabled hockey players. Enron executives cashed out company stock during a blackout period for other shareholders during a slide in share price that wiped out the 401(k) plan investments for rank and file employees and resulted in significant pension plan losses. Issues with hedge fund executive compensation inspired guidance on the impact of the acceleration of payments to pay income taxes.
While reviewing these and other stories of bad behavior which impacted employee plan participants, we will provide an overview of ERISA’s basis in the law of trusts, the exclusive benefit rule, IRS Notice 2017-75, and other relevant tax law and ERISA rules, along with applicable models of professional responsibility, among them Rules 1.7 and 1.8 for conflicts of interest and Rules 8.3 and 8.4 for Reporting Misconduct and Misconduct.
Moderator: Audrey Kucia, IRS Office of Associate Chief Counsel, Washington, DC (invited)
- Michael Melbinger, Winston & Strawn, LLP, Chicago, IL
- William McNally, IRS Office of Associate Chief Counsel, Washington, DC (invited)
- Aliya Wong, U.S. Chamber of Commerce, Washington, DC
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