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Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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How long is the statue of limitations federally for misappropriation

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How long is the statue of limitations federally for misappropriation of employee 401k funds



Thank you for using Just Answer. I am a licensed attorney, and I will be happy to assist you with your question regarding the statute of limitations for misappropriated 401k funds.


The Employee Retirement Security Act of 1974 is the basic law that covers qualified retirement plans, and incorporates both the pertinent IRS codes and labor law provisions.


Claims for relief against fiduciaries for breach of their duties or violation of ERISA have a

specific statutory limitations period. No such action may commence after the earlier of:

  • Six years after (a) the date of the last action which constituted a part of the breach or violation, or (b) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or,
  • Three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such breach or violation.

Hope this helps.



Juliana and 8 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.

Do you offer a phone consultation? The phone call would take 30-45 minutes tops and it would cover some complex issues as well as require privledge since I am bound by certain agreements. Based on your quick response to this question I am fairly certain you would be able to answer my questions quickly with ease. I would be willing to obviously be willing to pay for your time unfortunately it is too long to type out the question.
Jim Lovett [email protected]

Hello Jim,


Just Answer has a strict policy that prohibits contact between Experts and customers beyond the scope of this website, so I can't offer you a private consultation. I appreciate your confidence in my abilities, however.


If you have any questions that I can help you with here, I'll be happy to assist. Otherwise, I'll have to suggest that you seek a consultation with a private attorney.


Thanks again, and best wishes.