BETHESDA, Md. ‒ The U.S. Department of Labor has filed a lawsuit against Bethesda-based Dynasty Construction Inc. and owner John J. Barrett III for breach of fiduciary duty with respect to the company’s 401(k) plan. According to the suit, more than $775,000 from the 401(k) plan was invested in a fraudulent scheme in 2006, in violation of the Employee Retirement Income Security Act. This amount represented nearly all of the assets in the accounts of the 19 plan participants as of the end of 2005.

TOWSON, Md. The U.S. Department of Labor has filed a lawsuit against Towson Rehabilitation Center LLC and chief executive officer Howard Neels for failing to remit employees’ contributions to the company’s 401(k) plan, in violation of the Employee Retirement Income Security Act.

WASHINGTON – Following President Obama’s State of the Union address, in which he proposed a blueprint for an American economy built to last, the U.S. Departments of Labor and the Treasury today announced two executive actions designed to help enhance security for millions of Americans saving for retirement. The measures will expand transparency in the 401(k) plan marketplace and broaden the availability of retirement plan options so that Americans can maximize their ability to save responsibly and securely.

Date of Action: Jan. 20, 2012

Type of Action: Consent judgment and order

Name(s) of Defendant(s):  Frederick Zurn, president and plan trustee; Marian M. Zurn, vice president; Erie Copy Products, Inc., company and plan administrator; and Erie Copy Products Inc. 401(k) Profit Sharing Plan

PROVIDENCE, R.I. – The U.S. Department of Labor has obtained a court judgment and order appointing an independent fiduciary to manage the 401(k) plan of defunct BlueSky Brands Inc. of Westerly, R.I. The judgment and order resolve a lawsuit filed by the Labor Department against the company for violations of the Employee Retirement Income Security Act.

DETROIT – The U.S. Department of Labor has obtained a default judgment removing Intelec Inc., formerly known as Integra Engineering Inc. in Sterling Heights, from its position as fiduciary of the Integra Engineering Inc. Employees 401(k) Plan. The default judgment, entered in the U.S. District Court for the Eastern District of Michigan in Detroit, allows the plan’s known assets of $299,598.84 to be distributed to its 23 participants as required by the Employee Retirement Income Security Act.

Date of Action: December 21, 2011

Type of Action: Complaint

Names of Defendants: Jerry Craig, Sr.; Pattie Craig; Spectrum Financial Group, Inc.; Spectrum Financial Group, Inc. 401(k) Profit Sharing Plan

CHARLOTTE, N.C. – The U.S. Department of Labor is suing Garrison Enterprises’ former chief executive officer and chairman of the board, Cameron Garrison, to restore $103,481.37 to the Web development company’s 401(k) pension plan. The lawsuit follows an investigation by the department’s Employee Benefits Security Administration that found employees’ contributions to the 401(k) plan had been commingled with the general assets of the company, a violation of the Employee Retirement Income Security Act.

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced the availability of the 2011 Form M-1 annual report for multiple employer welfare arrangements. MEWA administrators may use EBSA's online filing system to expedite processing of the form.

AUSTIN, Texas — The U.S. Department of Labor has obtained a consent judgment and order resolving a lawsuit against Austin-based HBMG Inc. and Manuel Zarate, the company's president. The suit alleged that the defendants violated the Employee Retirement Income Security Act.

CLEVELAND – The U.S. Department of Labor has obtained a consent order and judgment requiring Harry Fishleigh III, president and part owner of defunct North Coast Wood Products Inc. in Mentor, to restore a total of $114,176.86 to the company’s profit-sharing plan, for which he was the trustee. The order and judgment, entered in the U.S. District Court for the Northern District of Ohio in Cleveland, resolve a lawsuit filed by the department alleging violations of the Employee Retirement Income Security Act.

BETHLEHEM, Pa. — The U.S. District Court for the Eastern District of Pennsylvania has approved a consent judgment and order to restore $34,310 in plan assets to the employee 401(k) plan of Monocacyfabs Inc. in Bethlehem. The action resolves a lawsuit filed by the U.S. Department of Labor against the company and plan trustees Michael Poole and Jean Shipley.

Date of Action:  Dec. 22, 2011

Type of Action:  Complaint and Consent Judgment

Names of Defendant: Paul W. Andringa and Integrity Builders, Inc., individually and as fiduciaries to the Integrity Builders, Inc. 401(k) Safe Harbor Plan and the Integrity Builders, Inc. 401(k) Safe Harbor Plan.

Date of Action:  Dec. 29, 2011

Type of Action:  Complaint for breach of the Employment Retirement Investment Security Act and Injunctive Relief

Names of Defendants: Kurt Ver Helst, D.C., P.C., an Iowa Corporation; Kurt Ver Helst individually and as a fiduciary to the Kurt Ver Helst DC Employee Stock Ownership Plan; Mark Eldridge, individually and as a service provider to the Kurt Ver Helst DC Employee Stock Ownership Plan; and the Kurt Ver Helst DC Employee Stock Ownership Plan, an employee benefit plan.

BOSTON – Stephen Thomas, individually and as a trustee of the Gagne Precast Concrete Products Inc. Employee Stock Ownership Plan, has agreed to restore $225,000 to the Gagne ESOP and take other corrective action to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the Employee Retirement Income Security Act. In a concurrent voluntary settlement agreement with the department, Thomas has agreed to pay $75,000 to the Frank L. Woodworth Inc. Employee Stock Ownership Plan, for which he also was a trustee.

GOLDSBORO, N.C. – The U.S. Department of Labor is suing Jeffreys Seed Co. and its corporate officers to restore $20,324.08 in employee contributions to the defunct Goldsboro company’s employee pension and health plans. The department’s lawsuit resulted from an investigation by its Employee Benefits Security Administration that revealed violations of the Employee Retirement Income Security Act by the company, its president, Edward Taylor Jeffreys, and its corporate secretary, James T. Jeffreys III.

Date of Action: Dec. 5, 2011

Name(s) of Defendant(s): Robert Lewis Berkopec and McIntyre Construction Inc.

MONTGOMERY, Ala. – Merrill Lynch, Pierce, Fenner & Smith Inc. has settled allegations made by the U.S. Department of Labor that the company and one of its employees violated the Employee Retirement Income Security Act by failing to prevent the fiduciaries of pension plans of two Alabama-based companies from engaging in prohibited transactions. The out-of-court settlement requires Merrill Lynch to restore a total of $170,854 to the plans and provide additional training to its investment advisers serving as fiduciaries of employee benefit plans.

Date of Action:  November 28, 2011

Type of Action:  Civil Complaint & Consent Order and Judgment

Names of Defendants: Gary L. Goble, Stephens’ Drugs Inc. and the Stephens’ Drugs 401(k) Retirement Plan located in Louisville, Ky.

MONTGOMERY, Ala. – A federal court has removed Amtren Corp. and former president Charles Kirk Lamberth as fiduciaries from the Amtren Corp. Profit Sharing Plan and ordered them to restore $114,255 to the defunct company’s pension plan after an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration found evidence of an improper loan that violated provisions of the Employee Retirement Income Security Act.