Savannah Attorney Benjamin Sheftall Eichholz Indicted for $950,000 Embezzlement Scheme, Lying, and Obstruction of Justice

SAVANNAH, GA—Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia, announced today the return of a 77-count indictment by the federal grand jury against Savannah attorney Benjamin Sheftall Eichholz, age 58, charging an alleged scheme to embezzle more than $950,000 from employee pension benefit plans established to provide retirement benefits to present and former employees of the Eichholz Law Firm. The charges against Eichholz include embezzlement from employee pension benefit plans, in violation of Title 18, United States Code, Section 664; money laundering, in violation of Title 18, United States Code, Section 1957; mail fraud, in violation of Title 18, United States Code, Section 1341; false statements in documents required to be filed by ERISA, in violation of Title 18, United States Code, Section 1027; obstruction of justice, in violation of Title 18, United States Code, Section 1505; and false statements, in violation of Title 18, United States Code, Section 1001.

The indictment alleges that beginning in or before 2001 and continuing to in or about October 2008, through a variety of different means, Eichholz embezzled more than $950,000 from two employee pension benefit plans at the Eichholz Law Firm, and then repeatedly executed, mailed, and filed false documents with the United States Department of Labor in order to both execute and conceal his embezzlement. The indictment further alleges that during an investigation by the United States Department of Labor of Eichholz and the two employee pension benefit plans at the Eichholz Law Firm, Eichholz made numerous false statements to an investigator with the Department of Labor, and committed other acts to obstruct justice, in a further effort to cover up his embezzlement from the employee pension benefit plans.

Booth noted that, if convicted of the charges, Eichholz faces the following maximum statutory penalties:

Counts One Through 30 - Embezzlement from Employee Pension Benefit Plans: Imprisonment for not more than five years, fine of up to $250,000 (18 U.S.C. § 3571), or both; not more than three years’ supervised release (18 U.S.C. § 3583);

Counts 31 Through 34 - Money Laundering: Imprisonment for not more than 10 years, fine of up to $250,000 (18 U.S.C. § 3571), or both; not more than three years’ supervised release (18 U.S.C. § 3583);

Counts 35 Through 44 - Mail Fraud: Imprisonment for not more than 20 years, fine of up to $250,000 (18 U.S.C. §3571); not more than three years’ supervised release (18 U.S.C. 3583);

Counts 45 Through 54 - False Statements in Documents Required to be Filed by ERISA: Imprisonment for not more than five years, fine of up to $250,000 (18 U.S.C. §3571); not more than three years’ supervised release (18 U.S.C. 3583);

Count 55 - Obstruction of Proceedings Before Departments, Agencies, and Committees: Imprisonment for not more than five years, fine of up to $250,000 (18 U.S.C. §3571); not more than three years’ supervised release (18 U.S.C. 3583);

Counts 56 Through 77 - False Statements: Imprisonment for not more than five years, fine of up to $250,000 (18 U.S.C. §3571); not more than three years’ supervised release (18 U.S.C. 3583);

Booth stressed that an indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt.

Booth stated that agents of the Federal Bureau of Investigation, United States Department of Labor, Internal Revenue Service, and the Savannah-Chatham Metro Police Department conducted the investigation.

The government is represented by Brian Rafferty, Assistant United States Attorney for the Southern District of Georgia.