:: ERISA Criminal Convictions Affirmed

John Alvis Jackson, Jr. and Larry Andrew Carey (together, the Defendants), were prosecuted in the Western District of Virginia on multiple fraud and theft offenses involving a loss of more than $15 million.

U.S. v. Jackson — F.3d —-, 2008 WL 1903485 (C.A.4 (Va.)) (May 1, 2008)

The Fourth Circuit affirmed the criminal convictions of the defendants in this recent opinion for, among other things, making false statement concerning, and theft from, ERISA benefit plans.

The Defendants were each convicted by a jury in early 2006 of the following offenses:

• two counts of bank fraud, in contravention of 18 U.S.C. § 1344 (the “bank fraud offenses”);

• five counts of wire fraud, in violation of 18 U.S.C. § 1343 (the “wire fraud offenses”);

• a single count of making false statements in documents required by the Employee Retirement Income Security Act of 1974 (“ERISA”), in contravention of 18 U.S.C. § 1027 (the “ERISA false statement offense”);

• two counts of theft from an ERISA-covered pension plan, in violation of 18 U.S.C. § 664 (the “ERISA theft offenses”); and,

• a single count of theft from a health care benefit program, in contravention of 18 U.S.C. § 669 (the “health care program theft offense”).

Jackson was also convicted of conspiracy to commit various federal offenses, in violation of 18 U.S.C. § 371 (the “conspiracy offense”). In late 2006, Jackson was sentenced to 108 months in prison and Carey was sentenced to 87 months