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Part 22 · Chapter 1

DOL/EBSA Civil Investigations

Law stated as of October 3, 2026 · Government Audits and Investigations

Scope and status

This chapter covers EBSA's civil investigation process end-to-end: the §504 statutory authority, how a matter opens and proceeds, the closing options (no-action, Voluntary Compliance letter, civil-penalty notice, litigation or criminal referral), the §502(l) 20% civil penalty and its waiver petition, current enforcement priorities, and response practice. Scope discipline: this chapter supports investigation-response posture and compliance preparation — it does not cover litigation strategy (routed to Part 23's claims-defense chapter, which retains the litigation-facing cross-reference to DOL investigations) or the correction mechanics that typically resolve an investigation's findings (VFCP, self-correction, Form 5330 — routed to Part 21 (Plan Corrections: EPCRS, VFCP, and DFVCP)).

Citations are to primary authority (ERISA §§504, 502(l); 29 C.F.R. Part 2570; the DOL Enforcement Manual and EBSA guidance where cited). Related questions are treated elsewhere: the fiduciary exception to attorney-client privilege and insurer/plan defense allocation in Part 23's claims-defense chapter; and VFCP/SCC, DFVCP, and Form 5330 correction mechanics in Part 21 (Plan Corrections: EPCRS, VFCP, and DFVCP).

Sections

The opening sections of Part A are shown in full. The other sections are listed by title; their text is available to subscribers.

Part A — Investigative Authority

A1.ERISA §504 — scope and frequency limit

Part 22, ch. 1, § A1

The Secretary of Labor may investigate whether any person has violated or is about to violate Title I, requiring the submission of reports, books, and records, and — where there is reasonable cause to believe a violation exists, or by agreement with the plan — entering plan premises, inspecting records, and questioning persons. Statute: ERISA §504(a)(1)-(2), 29 U.S.C. §1134(a). Absent reasonable cause, the Secretary may not require a plan to submit its books or records more than once in any 12-month period. Statute: ERISA §504(b), 29 U.S.C. §1134(b).

A2.Interagency information sharing (privilege authorized, not adopted)

Part 22, ch. 1, § A2

ERISA §504(d)–(e), added by the ACA, authorizes DOL to adopt a regulation making communications among DOL, Treasury, DOJ, HHS, State insurance departments and attorneys general, and the NAIC privileged and confidential, with a non-waiver rule. The statute does not create the privilege itself, and no implementing regulation has been identified. Statute: ERISA §504(d)–(e), 29 U.S.C. §1134(d)–(e).

A3.Subpoena authority and enforcement

Part 22, ch. 1, § A3

Section 504(c) incorporates the FTC Act's investigative powers, authorizing the Secretary to administer oaths, compel witness attendance, and obtain and copy documentary evidence. Statute: ERISA §504(c), incorporating 15 U.S.C. §§49-50. There is no internal ALJ review of a subpoena before it issues; enforcement runs through a U.S. district court in the district where the inquiry is conducted, and disobedience of a resulting court order is punishable as contempt. Statute: 15 U.S.C. §49. Objections (relevance, overbreadth, undue burden) are raised in that district-court enforcement proceeding, not administratively.

  1. A4Criminal investigative jurisdictionSubscribers

Part B — The Investigation Lifecycle

  1. B1Case development and predicationSubscribers
  2. B2Document requests, on-site review, and interviewsSubscribers
  3. B3Closing the investigation — the optionsSubscribers
  4. B4Rapid ERISA Action Team (REACT)Subscribers

Part C — The §502(l) Civil Penalty

  1. C1The mandatory 20% penaltySubscribers
  2. C2The waiver/reduction petitionSubscribers

Part D — Criminal Referral

  1. D1Triggers and coordinationSubscribers
  2. D2Response posture once criminal indicators appearSubscribers

Part E — Current Enforcement Posture (verify before relying)

  1. E1FY2025 results and FY2026 national enforcement projectsSubscribers
  2. E2FAB 2026-01 enforcement postureSubscribers

The first Part of each chapter is open to everyone. The remaining sections, with their authority and practice points, are available to subscribers and to clients of ERISA Benefits Law Group, PLLC whose engagement includes access.

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