Attorney Admits Lying about Embezzling Retirement Plan Funds
A Savannah, Georgia, attorney has pled guilty to obstruction of justice
related to a U.S. Department of Labor (DoL) investigation of the
retirement plans of his law firm.
An announcement from the office of the United States Attorney for the Southern District of Georgia said the 77 count indictment against Benjamin Eichholz was returned by a federal Grand Jury in August. The indictment alleged that from 2001 to 2008, Eichholz embezzled more than $950,000 from two employee pension and retirement plans at the Eichholz Law Firm and filed false documents with the DoL relating to the plans. Count 55 of the indictment accuses the attorney of knowingly providing false information and committing other acts of obstruction during a 2007 DoL investigation of the plans.
Based on his plea of guilty to the obstruction allegation, Eichholz faces a maximum statutory penalty of five years imprisonment; a fine of $250,000; and three years of supervised release, the announcement said. Also, as part of his plea agreement with the government, Eichholz will be required to make restitution to certain participants in the Eichholz Law Firm pension and retirement plans.
According to a press release, the “Investment Manager and Alternative Funds Criteria” is a global sector-specific criteria report that will be used in rating investment managers and alternative funds and debt issued by investment managers and their funds.
The key rating factors cited in the Investment Manager and Alternative Funds criteria include:
industry profile and operating environment
company profile and risk management
financial profile
management strategy and corporate governance, and
ownership, support, and group factors.
Fitch said this criteria report replaces “Ratings Considerations for North American Investment Managers,” dated July 21, 2006, and “Assigning Credit Ratings to Hedge Funds” dated April 17, 2006. Broadened Scope
In addition, according to the announcement, this criteria report broadens the scope of previous criteria to apply to investment managers globally—and includes alternative investment managers, such as business development companies (BDCs), private equity, real estate or hedge fund managers as well as “entities that employ hybrid investment strategies that may cross over several investment types or strategies.” It has also expanded the scope of alternative funds to include hedge funds and other pooled funds that may issue debt and that are not covered under other criteria. Both traditional investment managers discussed in “Ratings Consideration for North American Investment Managers” and hedge funds discussed in ‘Assigning Credit Ratings to Hedge Funds’ are assessed in this new criteria report, according to Fitch.
However, Fitch stated that this criteria report does not include the rating of money-market funds and other closed-end funds (such as bond funds), which it says is covered under separate criteria—and the report also excludes Fitch’s Asset Management ratings, which are a separate and distinct set of ratings that provide an operational risk assessment addressed by Fitch’s criteria research report from June 2009 on ‘Reviewing and Rating Asset Managers,’ according to the firm. The announcement states that this report falls under Fitch’s master criteria for financial institutions, the “Global Financial Institutions Criteria” dated December 29, 2009, and that there are “no substantial changes in Fitch’s approach to rating investment managers, hedge funds, and BDCs, though the expansion in scope to include other alternative investment managers and alternative funds is a major change.”