March 13, 2015

Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit

NEW YORK – Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 12, 2015

EBSA News Brief: US Labor Department files lawsuit against Longmont, Colorado, administrator for receiving illegal commission payments [03/12/2015]

Date of Action: March 9, 2015

Type of Action: Judgment to permanently enjoin from serving as a fiduciary to any retirement benefit plan subject to the Employee Retirement Security Income Act of 1974 and from violating the act.

Name(s) of Defendant: Alvin Martin Mavis

March 12, 2015

US Labor Department secures appointment of independent fiduciary to administer abandoned North Billerica, Massachusetts, retirement plan

Date of Action: March 9, 2015

Type of Action: Consent Judgment and Order

Name of Defendant: Electronic Business Solutions Inc.

March 9, 2015

US Labor Department files suit against Vic International Corp. in Knoxville, Tenn. to restore 401(k) contributions

Date of Action: Feb. 23, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Vic International Corp., Vic International 401(k) Profit Sharing Plan, James Victor Green, Kelly Milligan, and Paul Kelley

March 9, 2015

EBSA News Brief: US Labor Department files suit against Vic International Corp. in Knoxville, Tenn. to restore 401(k) contributions [03/09/2015]

Date of Action: Feb. 23, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Vic International Corp., Vic International 401(k) Profit Sharing Plan, James Victor Green, Kelly Milligan, and Paul Kelley

March 9, 2015

Labor Department files suit to restore losses to Massey Wholesale Co. Inc. SIMPLE IRA Plan in Dawson, Georgia

Date of Action: Feb. 26, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Massey Wholesale Co. Inc., Massey Wholesale Co. SIMPLE IRA Retirement Plan, Larry W. Massey as executor of the estate of Mary S. Massey and Larry W. Massey

March 6, 2015

US Labor Department files suit to recover losses to, appoint independent fiduciary for Albany, New York, retirement plan

Date of Action: Jan. 26, 2015

Type of Action: Complaint

Names of Defendant: Daniel Byrnes and the Fort Orange Capital Management Profit-Sharing Plan

March 6, 2015

US Labor Department secures appointment of independent fiduciary for abandoned Central Islip, New York, profit sharing plan

Date of Action: Feb. 26, 2015

Type of Action: Judgment and Order

Defendant: First Land Title Agency of New York Inc. Profit Sharing Plan

Allegations: The plan was established in January 2002, as a defined contribution plan for employees of the First Land Title Agency of New York Inc. in Central Islip, N.Y. The conviction of Andrew Knee, the plan’s trustee and only fiduciary, on a charge of grand larceny prohibits him from serving as an administrator, officer or fiduciary of any benefit plan covered under the Employee Retirement Income Security Act.

February 26, 2015

EBSA News Release: Judgment adds to $12M recovered for Michigan and Iowa-based pension plans [02/26/2015]

LEXINGTON, Ky. — The U.S. District Court for the Eastern District of Kentucky has issued a consent judgment against George Hofmeister, trustee of pension plans sponsored by TPOP LLC, formerly known as Metavation LLC, Fairfield Castings LLC (formerly known as Revstone Castings Fairfield LLC), and Fourslides Inc., requiring Hofmeister to repay $300,000 to the plans. The judgment also bans Hofmeister from being a fiduciary or service provider to employee benefit plans under the Employee Retirement Income Security Act.

February 26, 2015

EBSA News Release: Judgment adds to $12M recovered for Michigan and Iowa-based pension plans [02/26/2015]

LEXINGTON, Ky. — The U.S. District Court for the Eastern District of Kentucky has issued a consent judgment against George Hofmeister, trustee of pension plans sponsored by TPOP LLC, formerly known as Metavation LLC, Fairfield Castings LLC (formerly known as Revstone Castings Fairfield LLC), and Fourslides Inc., requiring Hofmeister to repay $300,000 to the plans. The judgment also bans Hofmeister from being a fiduciary or service provider to employee benefit plans under the Employee Retirement Income Security Act.

February 25, 2015

EBSA News Release: 2015 ERISA Advisory Council to hold first meeting March 20 [02/25/2015]

WASHINGTON — The Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will hold its first meeting of 2015 on March 20 in Washington, D.C., at the U.S. Department of Labor, 200 Constitution Ave. NW, Room S-2508, from 1:30-4:30 p.m. Eastern Time. Open to the public, the meeting will begin with the introduction of the new council chair and vice chair. An update on the activities of the U.S.

February 24, 2015

U.S. Department of Labor files complaint to restore losses to SGH Communications Inc. SIMPLE IRA Plan in Lakeville, Minn.

Date of Action: Feb. 24, 2015

Type of Action: Complaint

Names of Defendant: Jean Hanvik, SGH Communications Inc., SGH Communications Inc. SIMPLE IRA Plan

Allegations: From at least Aug. 8, 2005 to April 26, 2012, Jean Hanvik was the sole owner of SGH Communications in Lakeville, Minnesota. SGH Communications Inc. was the plan administrator for the SGH Communications Inc. SIMPLE IRA Plan.

February 24, 2015

Perez v. Bothwell et al., involving the ThreeSource Inc. 401(k) Plan in Manteno, Ill.

Date of Action: Feb.  23, 2015

Type of Action: Filing of a Complaint in the U.S. District Court for the Central District of Illinois

Names of Defendants: Martin R. Bothwell III and ThreeSource Inc. 401(k) Plan

February 18, 2015

EBSA News Release: Investigation returns $39.8M to more than 400 benefit plans nationwide [02/18/2015]

BRIDGEPORT, Pa. — After nearly six years of litigation, a federal district court in Philadelphia recently entered a $39.8 million judgment, protecting the rights of workers who participated in more than 400 death benefit plans mismanaged by John J. Koresko V; companies he controlled; and a former associate, Jeanne Bonney. The defendants are permanently barred from serving as fiduciaries to any employee benefit plan and, with the exception of Bonney, must make restitution to the plans.

February 18, 2015

EBSA News Release: Investigation returns $39.8M to more than 400 benefit plans nationwide [02/18/2015]

BRIDGEPORT, Pa. — After nearly six years of litigation, a federal district court in Philadelphia recently entered a $39.8 million judgment, protecting the rights of workers who participated in more than 400 death benefit plans mismanaged by John J. Koresko V; companies he controlled; and a former associate, Jeanne Bonney. The defendants are permanently barred from serving as fiduciaries to any employee benefit plan and, with the exception of Bonney, must make restitution to the plans.

February 2, 2015

Labor Department files suit to recover more than $26K for participants of Aware Environmental Inc. retirement plan in North Carolina

Date of Action: Dec. 23, 2014

Type of Action: Complaint

Names of Defendants: Michael Omstead Smith; Aware Environmental Inc.; and the Aware Environmental Inc. 401(k) Profit Sharing Plan and Trust

January 30, 2015

Final rule on annual funding notice requirements for defined benefit pension plans issued by US Labor Department

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration has announced a final rule implementing the annual funding notice requirements under section 101(f) of the Employee Retirement Income Security Act of 1974, as amended by the Pension Protection Act of 2006.

January 29, 2015

Labor Department files suit to recover more than $26K for participants of Aware Environmental Inc. retirement plan in North Carolina

Date of Action: Jan. 26, 2015

Type of Action: Consent Judgment

Name(s) of Defendant(s): Gregory Ridge, Ridge and Long Limited Co., and Ridge and Long Limited Company 401(k) Profit Sharing Plan and Trust

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, on July 29, 2014, the Secretary of Labor filed a complaint alleging the following:

January 29, 2015

EBSA News Brief: Judge bars fiduciary and orders them to restore more than $28K to SR Plastics Inc. health plan in Elberton, Georgia [01/29/2015]

Date of Action: Jan. 28, 2015

Type of Action: Consent Judgment and Order

Name of Defendants: SR Plastics Inc., SR Plastics Inc. Group Health Plan, Gary Anderson, and Daniel Fetsch

January 29, 2015

Judge bars fiduciary and orders them to restore more than $28K to SR Plastics Inc. health plan in Elberton, Georgia

Date of Action: Jan. 28, 2015

Type of Action: Consent Judgment and Order

Name of Defendants: SR Plastics Inc., SR Plastics Inc. Group Health Plan, Gary Anderson, and Daniel Fetsch