April 7, 2016

Court severely limits attorney’s ability to represent employee benefit plans and fiduciaries

ATLANTA – A federal judge has entered a consent order expanding substantially the scope of a previous judgment and order between the U.S. Department of Labor and attorney David R. Johanson and his prior law firm, Johanson Berenson LLP, arising from their involvement in three Mississippi cases.

April 6, 2016

White House Fact Sheet: Strengthening Retirement Security by Cracking Down on Conflicts of Interest in Retirement Savings

“For Americans who are doing the hard work of saving for retirement, let’s make sure that they get a fair deal.” – President Barack Obama, White House Conference on Aging, July 13, 2015

April 5, 2016

US Labor Department files suit to appoint independent fiduciary to distribute assets of abandoned Staten Island savings plan

Date of action:  March 24, 2016

Type of action: Complaint

Names of defendants: Lily Pond Nursing Home Savings Plan

April 5, 2016

US Labor Department files suit to appoint independent fiduciary to distribute assets of abandoned Bronx 401(k) plan

Date of action: March 28, 2016

Type of action: Complaint

Names of defendants: Astro Communications 401(k) Plan

April 1, 2016

Department of Labor files suit to recover more than $105K for Acme Orthotics and Prosthetics Laboratories Inc. Profit Sharing 401(k) Plan and Trust

Date of Action: March 31, 2016

Type of Actions: Employee Retirement Income Security Act Lawsuit, Adversary Complaint in Bankruptcy Petition No. 15-23963.

Defendants: Michael A. Lewis, Monica Fox

Acme Orthotics and Prosthetics Laboratories Inc. Profit Sharing 401(k) Plan and Trust.

The president and owner of Acme, Michael A. Lewis is the sole named defendant in the adversary complaint filed in bankruptcy court.

March 31, 2016

Fiduciaries to restore $144k to South Portland, Maine, retirement plan following US Labor Department lawsuit

Date of action: March 1, 2016

Type of action: Consent Judgment and Order

Names of defendants: H.C. Watson Corp., doing business as Interim HealthCare, James C. Watson and Melissa Moore, formerly known as Melissa Belanger and Melissa Greenlaw.

March 31, 2016

Department of Labor files suit to recover more than $105K for Acme Orthotics and Prosthetics Laboratories Inc. Profit Sharing 401(k) Plan and Trust

Date of Action: March 31, 2016

Type of Actions: Employee Retirement Income Security Act Lawsuit

Adversary Complaint in Bankruptcy Petition No. 15-23963.

Defendants: Michael A. Lewis
Monica Fox
Acme Orthotics and Prosthetics Laboratories Inc. Profit Sharing 401(k) Plan and Trust.

The president and owner of Acme, Michael A. Lewis is the sole named defendant in the adversary complaint filed in bankruptcy court.

March 17, 2016

US Labor Department files lawsuit seeking independent fiduciary for Denver-based Tapscott Group 401(k) Plan

Date of Action:  March 15, 2016

Type of Action: The U.S. Department of Labor filed a lawsuit against Robert C. Tapscott and the Tapscott Group 401(k) Plan in Denver, Colorado, to seek appointment of an independent fiduciary to terminate the plan formally and enable the distribution of assets to plan participants.

Name(s) of Defendant: Robert C. Tapscott, Tapscott Group 401(k) Plan.

March 17, 2016

U.S. Labor Department sues president of Emergency Consultants Inc. to recover 401(k) assets

Traverse City, Michigan – The U.S. Department of Labor has sued the president and fiduciary of the 401(k) plan of Emergency Consultants Inc., Traverse City, for failing to forward contributions to the plan as soon as reasonably feasible, in violation of the Employee Retirement Income Security Act (ERISA).

March 16, 2016

US Labor Department sues Cactus Feeders Inc., fiduciaries to the Employee Stock Ownership Plan to recover millions in stock overpayment

Date of Action: March 10, 2016

Type of Action: The U.S. Department of Labor filed a lawsuit against the following entities and individuals as fiduciaries to the Cactus Feeders Inc. Employee Stock Ownership Plan for causing the ESOP to pay tens of millions of dollars more than it should have paid for company stock:

March 15, 2016

Labor Department obtains judgment and order against Carolina Crawler & Equipment of Charleston Inc. to restore employee contributions to the company’s SIMPLE IRA plan

Date of Action: March 11, 2016

Type of Action: Consent Judgment and Order

Name of Defendants: Carolina Crawler & Equipment of Charleston Inc., Susan Mills, Glenn Perry Mills, Carolina Crawler & Equipment SIMPLE IRA Plan

March 15, 2016

ERISA Advisory Council to meet March 16

WASHINGTON — The Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will meet on March 16, 2016, at the U.S. Department of Labor’s headquarters at 200 Constitution Ave. NW, Room S-2508, Washington, D.C. 20210. The meeting will run from 9 a.m. to 3:30 p.m. eastern.

March 15, 2016

Department sues defunct Philadelphia non-profit to appoint independent fiduciary to terminate 401(k) plan

Date of Action: March 4, 2016

Name(s) of Defendants: Philadelphia Committee for the Prevention of Blindness

March 8, 2016

Department secures consent judgment appointing independent fiduciary to distribute $966K in 401(k) assets of defunct Pennsylvania biopharma company

Date of Action: March 8, 2016

Name(s) of Defendants: Encorium Group Inc., formerly a global clinical research company

March 8, 2016

US Labor Department files lawsuit to appoint independent fiduciary for the Horizon NR LLC employee savings plan in Ashland, Kentucky

Date of Action: March 07, 2016

Type of Action: Complaint

Name of Defendants: Horizon NR LLC, Lance Sogan, Horizon NR LLC Employee Savings Plan and Trust

February 24, 2016

Judge orders fiduciary to restore more than $111K to the Applied Technology Systems Inc. Retirement Plan in Cleveland, Ohio

Date of Action: Feb. 8, 2016

Type of Action: Default judgment

Names of Defendant: Applied Technology Systems Inc. and Clark V. Hayes, individually and as fiduciaries to the Applied Technology Systems Inc. Retirement Plan, and the Applied Technology Systems Inc. Retirement Plan.

February 18, 2016

Yardley, Pennsylvania law firm and attorney ordered to restore $50K to 401(k) profit sharing plan following US Labor Department lawsuit

Date of Action:  Feb. 8, 2016

Name(s) of Defendant(s): Richard J. Kwasny
Kwasny & Reilly P.C.
Kwasny & Reilly 401 (k) Profit Sharing Plan

February 18, 2016

Judge orders Illinois health care provider to repay more than $1.73M in losses to employee profit-sharing plan after making improper distributions

CHICAGO – A federal judge has ordered an Illinois home health care provider and two of its officers to repay a total of $1,736,339 to the Alliance Home Healthcare Inc. Profit Sharing Plan.

February 11, 2016

US Labor Department secures judgment against fiduciary to the Draeger Construction Inc. employees’ benefits plan in Nevada and California

Date of action:  January 29, 2016

Type of action:  Consent Judgment and Order

Name of defendants: Draeger Construction Inc., Draeger Construction LLC, Draeger Construction Inc. Health and Welfare Plan, and Jeffrey Draeger, an individual

February 1, 2016

US Labor Department files suit against International Association of Machinists’ pension plan, trustees for multiple fiduciary breaches

Date of Action: Jan. 24, 2016

Type of Action: U.S. Department of Labor filed a lawsuit against the International Association of Machinists National Pension Fund and its board of trustees for multiple violations of the Employee Retirement Income Security Act.