SAMUEL A. HENSON J.D., CEBS, RPA, GBA Senior ERISA Counsel shenson@lockton.com Lockton Financial Advisors, LLC/ Professional Profile Sam serves as Senior ERISA Counsel for Lockton Financial Advisors, LLC, and Lockton Investment Advisors, LLC. He acts as a subject matter expert on ERISA compliance, DOL/IRS activities, and the legislative landscape. In addition Sam supervises compliance services for employers providing benefits under prevailing wage laws. Prior to joining Lockton, Sam spent almost 10 years with the U.S. Department of Labor s Security Administration. While with the DOL, Sam was a Senior Investigator, conducting more than 100 civil and criminal investigations of employee benefits plans, service providers, and fiduciaries. Sam supervised enforcement efforts for benefit plans funded by prevailing wage laws under the Service Contract Act and Davis-Bacon Act. In his current role, Sam is able to leverage his past experiences to assist employers with reducing their fiduciary risks. Sam earned his J.D. at the University of Missouri-Kansas City School of Law, and received his B.S. in Political Science from Northwest Missouri State University. Current and Previous Positions Lockton Financial Advisors, LLC/ Senior ERISA Counsel United States Department of Labor Security Administration Senior Investigator Education B.S. in political science; Northwest Missouri State University J.D.; University of Missouri-Kansas City Professional Designations CEBS, RPA, GBA; Wharton School, University of Pennsylvania Fellow: International Society of Employee Benefits Specialists APM: American Society of Pension Professionals & Actuaries Bar Admissions Missouri U.S. District Court Western District of Missouri 4 4 4 W 4 7 t h S t r e e t, S u i t e 9 0 0 Kansas City, MO 64112 816.960.9000 www.lockton.com
Associations American Benefits Council Plan Sponsor Council of America National Employment Law Council Defined Contribution Institutional Investment Association International Society of Certified Specialists Experience Lockton Retirement Services Senior ERISA Counsel May 2011 to present Serves as the Lockton Retirement Services subject matter expert on ERISA compliance, DOL and IRS regulatory matters, and all legislative issues. Supervises specialized consulting practices for government contractor compliance under the Service Contract Act and Davis-Bacon Act as well as DOL Compliance Reviews Serves as Lockton s in-house expert for more than 670 retirement plan clients nationwide with more than $16.5 billion in assets under management Author of regular legislative and compliance publications for both internal and external use U.S. Department of Labor Employee Benefits Security Administration Investigator: May 2002 April 2009 Senior Investigator: April 2009 May 2011 Investigated employee benefit plans and secured compliance with the ERISA Title I provisions, COBRA, and HIPAA; engaged in policy implementation, enforcement projects, monetary recoveries, criminal indictments, and conducted federal investigations; coordinated successful case litigation by collaborating with the Solicitor s Office and United States Attorney s Office. Initiated, planned, coordinated, and managed difficult investigations of compliance with civil and criminal statutes. Selected specific employee benefit plans, financial institutions, and service providers for investigation and examination. Conducted interviews, assessed fiduciary conduct of officials, analyzed plan operations, and applied and interpreted applicable provisions of ERISA, Internal Revenue Code precedents, and other applicable law. Initiated and conducted conferences with plan officials and their legal and financial representatives to explain policy and procedures and negotiated with plan officials to secure voluntary compliance in obtaining monetary restitution.
Founded, developed, trained, and advised EBSA enforcement staff throughout the nation on the application of ERISA to local, state, and federal prevailing wage laws. Conducted regional and national training programs for governmental agencies and private sector entities. Developed and accumulated a national electronic reference library including statutory analysis, case law, investigative resources, and numerous original sample case documents. Drafted a comprehensive training manual on the subject of prevailing wage investigations for use by EBSA enforcement staff around the nation. Founded and led a team of 12 investigators in the identification of civil and criminal cases on individuals and entities that were parties to local, state, and federal prevailing wage contracts. Specialized Training U.S. Department of Labor: Fiduciary Provisions of ERISA Training Completion of the 160-hour training course provided by the United States Department of Labor on the Fiduciary Provisions of ERISA including: Reporting and Disclosure, Investments, Jurisdiction, Plan Structures, Trust Administration, Plan Assets, Fiduciary Duties, Participant Directed Accounts, Parties in Interest, Prohibited Transactions, Civil Remedies, Statutory Exemptions, Class Exemptions, Employer Securities and Real Property, QES/QERP, MEWAS, HIPAA, COBRA, Claims Regulations, Exculpatory Provisions, Bonding, and ESOPs. U.S. Department of Labor: ERISA Criminal Training Completion of the 72-hour training course provided by the United States Department of Labor on Criminal Investigations centering on violations of ERISA including: Embezzlement, False Records, Kickbacks, Title 29 Crimes, Conspiracy, Mail Fraud, Wire Fraud, Healthcare Fraud, Bankruptcy, Bank Fraud, Securities Fraud, RICO, Money Laundering, Asset Forfeiture, Criminal Task Force Techniques, Advanced Criminal Interviewing Techniques, Search and Seizure, Plea Bargaining, Sentencing, and MEWA Schemes. U.S. Department of Labor: Employee Benefit Plan Accounting Training Completion of the 72-hour training course provided by the United States Department of Labor on Benefit Plan Accounting, Forensic Accounting, Utilization of Peachtree Accounting Software
Federal Law Enforcement Training Center: Financial Forensic Techniques Training Completion of the 64-hour training course provided by the Federal Law Enforcement Training Center focusing on various investigative techniques that may be used to identify the location of financial accounts and other assets; identifying evidentiary documents that may be used to prove the source and disposition of monies; demonstrating how data base software may be used to organize, analyze, and present information; identifying various ways that an accounting system may be used to conceal the true nature of fraudulent transactions; demonstrating how indirect methods may be used to identify illegal income; and demonstrating how software programs may be used to present investigative findings. Federal Law Enforcement Training Center: International Money Laundering Completion of the 64-hour training course provided by the Federal Law Enforcement Training Center focusing on geographically diverse money laundering methods, the Bank Secrecy Act, the Money Laundering Control Act the Patriot Act, Financial Crimes Enforcement Network, the Office of Foreign Assets Control, and the movement of proceeds of criminal activity and terrorist financing. Speaking 49th Annual Heart of America Tax Institute DOL Retirement Audits A View from the Inside, Overland Park, Kansas, November 2012. Institute Behind the Scenes of the U.S. Department of Labor s ERISA Investigations, Kansas City, Missouri, October 2012. 31st Annual ISCEBS Symposium DOL Confidential: An Insider s View of a DOL Retirement Investigation, San Francisco, California, August 2012. 2012 Western Pension & Benefits Spring Conference Department of Labor Update: Investigation Preparation, San Francisco, California, June 2012. Plan Sponsor Council of America s 2012 Eastern Conference A Practical Guide to the New Retirement Plan Fee Disclosure Rules, Atlanta, Georgia May 2012. American Legal Institute American Bar Association CLE Retirement Plan Enforcement Efforts, National Web-based CLE, March 2012. Plan Sponsor Council of America s 2012 Midwest Conference A Practical Guide to the New Retirement Plan Fee Disclosure Rules, Chicago, Illinois, March 2012. The ASPPA 401(k) Summit 2012 Shock & Awe: Preparing for DOL Investigations, New Orleans, Louisiana, March 2012.
ACI 4th National Conference on Defending & Managing ERISA Litigation ESOPS: Dealing with the Unique ERISA Issues That Arise in Closely Held Corporations, New York City, New York, October 2011. Western Pension & Pension Benefits Fall Conference 2011 Navigating Retirement Plan Investigations by Department of Labor, San Jose, California, September 2011. ICEBS Fundamentals of Qualified Retirement Plans 2011 Reporting and Disclosure Requirements for Plan Sponsors, Overland Park, Kansas, June 2011. Awards United States Department of Labor Secretary s Exceptional Achievement Award, May 2011, for exceptional achievement in planning, developing, presenting, and disseminating EBSA s Prevailing Wage Plan Investigations Training. Securities offered through Lockton Financial Advisors, LLC, a registered broker-dealer and member FINRA, SIPC. Investment advisory services offered through, an SECregistered investment advisor. For California, Lockton Financial Advisors, LLC, d.b.a. Lockton Insurance Services, LLC, license number 0G13569.