ComplianceDecember 30, 2009

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.

Reported by Rebecca Moore

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.