Raymond J. Donovan, Secretary of the United States Department of Labor v. National Bank of Alaska

The sole issue raised in this case is whether the Secretary of the United States Department of Labor is entitled to enforcement of a subpoena requesting information pertaining to the bank’s ERISA accounts. The district court quashed the subpoena and dismissed the action. We note jurisdiction under 28 U.S.C. § 1291 (1976) and reverse.

I

FACTS

The United States Department of Labor is conducting an investigation of the National Bank of Alaska to determine whether any individual is violating or has violated any provision of Title I of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. (1976). In the course of its investigation, an administrative subpoena duces tecum was served on the bank.

The subpoena has two parts. The first part requires the bank to produce general information, e.g., the names of all employee benefit plans whose assets are held by the bank along with the name and address of the plan sponsor and the total amount of plan assets held. The subpoena then goes on to state that upon receipt of the above information, the Department of Labor will select 25 plans for more thorough examination. With respect to these 25 plans, the…