Backdating legal definition
If the intent to commit the crime can't be proven directly, it usually must be inferred from circumstantial evidence.
There is usually no problem with making the contract Contracts based on a US template sometimes state in the first line that they are dated “as of” a particular date.Section 6(2) provides that the maximum penalty on indictment is 10 years’ imprisonment.Contracts drafted by English lawyers typically include a date in the first line.In most cases under this section though, the defendants have a fiduciary relationship to the assets of the plan.Courts will apply accepted criminal definitions of the crimes in the statute, to determine whether there is, for example, theft.This probably means “with effect from” rather than “on”, and so probably don’t fall into the trap described above.
However, if parties intend to rely on this when stating a date different to the signature date, and particularly if the agreement is made under English law, we would recommend using wording that is more explicit than “as of”, such as “takes effect from”.
The legislative purpose of this provision is obvious: to preserve welfare and pension funds and protect those entitled to benefits.
Most readers intuitively understand the terms theft and embezzlement.
For example, evidence might show that the transfers of assets resulted in personal profit to the defendant.
Personal profit, however, is not strictly required under this criminal section.
Most of our readers know that various penalties may be imposed for failure to file returns or information statements on a timely basis with either the IRS or the Department of Labor (DOL), the principal regulators of retirement and welfare benefit plans.