July 24, 2013

EBSA News Release: Trustee of defunct New York City garment companies pension plans settles US Labor Department suit alleging misuse of more than $4.2 million in plan assets [07/24/2013]

NEW YORK — The U.S. Department of Labor has obtained a consent judgment in federal court in which the trustee of two defined benefit pension plans admits to entering into $4,232,915 in alleged unlawful plan transactions between 2002 and 2010. Colette Mordo, trustee and fiduciary to the pension plans of the Manhattan-based Sadimara Knitwear Inc. and the Stallion Knits Ltd. pension plans also agrees to restore, up to that amount, any shortfall in assets owed to the plans' participants and beneficiaries.

July 24, 2013

US Labor Department recovers $50,656 for participants in Gilroy, Calif. 401(k) profit sharing plan

Date of Action: February 8, 2013

Type of Action: Order Granting Motion to Appoint Independent Fiduciary

Name(s) of Defendant: Michael D. Williams, Trustee to the Power & Data Technology, Inc. 401(k) Profit Sharing Plan

July 22, 2013

Labor Department permits 401(k) plans to reschedule annual disclosures to employees

WASHINGTON – The U.S. Department of Labor today announced a temporary enforcement policy that will allow 401(k)-type plans to reset the timing for the annual distribution of the investment comparative chart that they are required to furnish to plan participants. Most plans must furnish this year's annual comparative chart no later than August 30, 2013.

July 17, 2013

US Labor Department obtains court order freezing 13 bank accounts allegedly containing assets of welfare benefit plans administered by Bridgeport, Pa.,-based PennMont Benefit Services

BRIDGEPORT, Pa.—The U.S. Department of Labor has obtained a court order freezing 13 bank and brokerage accounts allegedly containing assets of multiple employee welfare benefit plans administered by Bridgeport-based PennMont Benefit Services Inc. The accounts include bank accounts in the name of plan trustee Penn Public Trust, plan fiduciary John J. Koresko V and the Koresko Law Firm.

July 16, 2013

Crestview, Fla., medical group ordered to restore $225,000 to employee stock ownership plan following US Labor Department investigation

CRESTVIEW, Fla. – The U.S. Department of Labor has obtained a consent judgment requiring Robert S. Caputo and Glenn M. Bankert to restore $225,000 to an employee stock ownership plan. The judgment follows a lawsuit filed by the department’s Employee Benefits Security Administration alleging the defendants breached their fiduciary responsibilities, in violation of the Employee Retirement Income Security Act.

July 16, 2013

Department of Labor files complaint to remove fiduciaries of Specialty Staff Inc. 401(k) Plan in Carmel, Ind.

Date of Action: July 2, 2013

Type of Action: Complaint

Names of Defendant: Theresa A. Hellman and Robin M. Polin, individually and as fiduciaries of the Specialty Staff, Inc. 401(k) Plan; Specialty Staff Inc.; and the Specialty Staff Inc. 401(k) Plan located in Carmel, Ind.

July 11, 2013

Harris v. Innovative Logistics Techniques Inc., et al.

Date of Action: July 11, 2013

Name(s) of Defendant(s): Innovative Logistics Techniques Inc.  

July 10, 2013

Harris v. The Hartford Construction Group LLC involving default judgment in Cumming, Ga.

Date of Action: June 25, 2013

Type of Action:  Default Judgment

Name(s) of Defendant(s): The Hartford Construction Group LLC, Travis M. Donnelly, the Hartford Construction Group, LLC 401(k) Profit Sharing Plan and the Hartford Construction Group LLC Group Health Plan

July 5, 2013

US Labor Department sues Columbia, Md., medical practice to recover lost employee contributions to 401(k) Plan

Date of Action: July 1 , 2013

Type of Action: Complaint

Name(s) of Defendant(s): David O. Nyanjom, Laura Nyanjom, Pulmonary Disease & Critical Care Associates, P.A and Pulmonary Disease & Critical Care Associates, P.A. 401(k) Plan

July 5, 2013

US Labor Department obtains default judgment restoring employee contributions to SIMPLE IRA Plan of defunct Eynon, Pa., company

Date of Action: June 27, 2013

Type of Action: Default judgment

Name(s) of Defendant(s): Charles H. England, and Charles H. England, Inc.

July 2, 2013

Harris v. Jeremy B. Williams default judgment involving Williams Construction and Masonry Contractors Inc. profit sharing plan in Kentucky

Date of Action: July 1, 2013

Type of Action: Default Judgment

Name(s) of Defendant(s): Jeremy Williams, individually and as a fiduciary to Williams Construction and Masonry Contractors Inc. profit sharing plan; Williams Construction and Masonry Contractors Inc. and Williams Construction and Masonry Contractors Inc. profit sharing plan.

July 1, 2013

US Department of Labor sues owners of Doctors Hospital of Shreveport, La., to recover more than $18,000 in employee retirement benefits

SHREVEPORT, La. – The U.S. Department of Labor has sued Doctors Hospital owners David and Chris LeBlanc in an effort to recover $18,904 in employee retirement contributions and employee-paid premiums for medical and disability insurance coverage. The department's lawsuit alleges that the LeBlancs violated the Employee Retirement Income Security Act of 1974 by using assets belonging to the employee retirement and insurance plans for the benefit of their business operations.

June 27, 2013

Harris v. Tripp Mechanical Services LLC involving failure to remit employee contributions to the company’s SIMPLE IRA plan in Falkland, NC

Date of Action: June 14, 2013

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): Tripp Mechanical Services, LLC, Jarvis Edward Tripp, Jr., and Gina Tripp

June 27, 2013

US Department of Labor announces extension of comment period on lifetime income illustration proposal

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced an extension of the comment period on its advance notice of proposed rulemaking focusing on lifetime income illustrations given to participants in defined contribution pension plans, such as 401(k) and 403(b) plans. The ANPRM serves as a request for comments on specific language and concepts in advance of a proposed regulation.

June 24, 2013

Judge orders fiduciaries to restore $283,530 in retirement assets for workers at Heartland Foods in Indianapolis, resolving US Labor Department lawsuit

INDIANAPOLIS – The U.S. Department of Labor today announced that the owners of Heartland Foods Inc. will restore $283,530 to the Heartland Foods Inc. 401(k) Profit Sharing Plan under terms of a consent judgment and order. The decision follows an investigation by the department’s Employee Benefits Security Administration that found co-owners Karen S.

June 24, 2013

US Labor Department obtains consent judgment ordering fiduciary of defunct Eynon, Pa., company to sign over $20,500 to employee profit sharing plan

Date of Action: June 3, 2013

Type of Action: Consent judgment

Name(s) of Defendant(s): Charles Yaskulski, Eagle Warranty Corp., and Eagle Warranty Corp. profit sharing plan

June 19, 2013

U.S. Department of Labor obtains judgment ordering removal of fiduciary for the Pallet Holdings LLC 401(k) Plan in Indianapolis

Date of Action: June 17, 2013

Type of Action: Default Judgment

Names of Defendants: Pallet Holdings, LLC; Pallet Holdings, LLC 401(k) Plan and Brandon Bush, individually and as a fiduciary of the Plan

June 18, 2013

Harris v. People of Color in Crisis 403(B) Retirement Plan in Brooklyn, N.Y.

Date of Action: June 14, 2013

Type of Action: Complaint

Name(s) of Defendant: People of Color in Crisis 403(B) Retirement Plan

June 13, 2013

US Department of Labor issues compliance guidance for employee benefit plans in wake of Oklahoma tornado

WASHINGTON – Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi today announced the following guidance on compliance with employee benefit plan rules for those adversely impacted by the Moore, Oklahoma tornado:

June 12, 2013

US Department of Labor files suit to remove fiduciary from Investment Group Inc. 401(k) Plan in Chicago

Date of Action: June 10, 2013

Type of Action: Complaint

Names of Defendants: Alex Bulmash, Investment Group Inc. and Investment Group Inc. 401(k) Sharing Plan & Trust

Allegations: The Investment Group Inc. was a mortgage brokerage firm which processed residential mortgages in Cook County, Ill. Bulmash was the president and owner of Investment Group Inc. and sole fiduciary to the Investment Group Inc. 401(k) Sharing Plan & Trust established in January 2003.