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 27, 2015

US Labor Department sues Butler County, Pennsylvania, corporation to appoint independent fiduciary for 401(k) plan

Date of Action: Jan. 23, 2015

Name(s) of Defendants: TecSol Inc.

January 26, 2015

US Labor Department obtains judgment ordering Manassas, Va., company to restore more than $31,000 to 401(k) plan

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 23, 2015

US Labor Department sues fiduciaries of Northampton, Mass., health plan for unremitted contributions, unpaid healthcare claims

Date of Action: January 23, 2015

Type of Action: Complaint

Names of Defendants: Northampton Motor Classics LLC and Andrew Feuerstein

January 22, 2015

US Labor Department secures consent judgment ordering payment of unremitted contributions to retirement plan for Central NY Weight Loss LLC

Date of Action: January 8, 2015

Type of Action: Complaint and Consent Judgment and Order

Names of Defendants: Richard Curtis Herring.

January 22, 2015

EBSA News Brief: US Labor Department sues Rochester, New York, investment advisor and plan administrator to recover losses suffered as result of fiduciary breaches [01/22/2015]

Date of Action: January 8, 2015

Type of Action: Complaint and Consent Judgment and Order

Names of Defendants: Richard Curtis Herring.

January 16, 2015

US Labor Department sues steel fabrication company in Chico, California, to restore more than $30,000 to 401(k) Plan

Date of Action: January 14, 2015

Type of Action: Complaint

Names of Defendants: Butte Steel & Fabrication Inc.; Jeffrey Brochheuser; and the Butte Steel & Fabrication Inc. 401(k) Profit Sharing Plan

January 15, 2015

US Labor Department sues Douglasville, Pennsylvania, dentist to restore employee contributions to retirement plan

Date of Action: Jan. 14, 2015

Name(s) of Defendant: Lisa A. Ferrari, DMD; Clifton Casey; Lisa A. Ferrari, DMD, LLC; and Lisa A. Ferrari, DMD, LLC Retirement Plan

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

January 15, 2015

Perez v. Wallis et al., involving the USA Baby Inc. 401(k) Plan and U.S.A. Baby Inc. Health Plan in Lombard, Ill.

Date of Action: Jan. 15, 2015

Type of Action: Order

Names of Defendant: Scott Wallis, Ronald Eriksen, U.S.A. Baby Inc., U.S.A. Baby Inc. 401(k) Plan, U.S.A. Baby Inc. Health Plan. Wallis was an owner and president of U.S.A. Baby Inc. and Eriksen was a majority owner and chief executive officer of the defunct company, which was located in Lombard, Illinois.

January 15, 2015

EBSA News Brief: US Labor Department sues Rochester, New York, investment advisor and plan administrator to recover losses suffered as result of fiduciary breaches [01/15/2015]

Date of Action: Dec. 29, 2014

Type of Action: Complaint

Names of Defendant: Roger Ramsay and Compensation Planning Corp. of Rochester Inc.

January 12, 2015

US Department of Labor files suit seeking removal of trustees and appointment of independent fiduciary for employee benefit plan in Minnesota

Date of Action: Jan. 12, 2015

Type of Action: Complaint

Name of Defendant: Kenneth W. Wright, E. Paul Willingham, and SchoolStart Company 401(k) P/S Plan

Allegations: An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration, Kansas City Regional Office, resulted in the department filing a suit in federal court alleging violations of the Employee Retirement Income Security Act.

January 9, 2015

US Labor Department files suit to restore more than $500,000 to Maryland retirement plan

Date of Action: Jan.7, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Nathan Williams, NW Systems Inc., and NW Systems Inc. 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, the Secretary of Labor filed a complaint alleging the following:

January 8, 2015

U.S. Department of Labor files complaint to restore more than $23K in losses to Bonner & Borhart SIMPLE IRA Plan in Melrose, Minn.

Date of Action: Jan. 8, 2015

Type of Action: Complaint

Names of Defendant: John Bonner, Bonner & Borhart LLP, Bonner & Borhart LLP SIMPLE IRA Plan

Allegations: From Jan. 15, 2009, to present, John Bonner was the managing partner and sole owner of Bonner & Borhart in Melrose, Minnesota. Bonner & Borhart was the plan administrator for the Bonner & Borhart LLP SIMPLE IRA Plan.

January 7, 2015

US Labor Department files suit to restore losses to The Children’s Place Inc. Welfare Benefit Plan in Bradenton, Florida

Date of Action: Dec. 31, 2014

Type of Action: Complaint

Names of Defendants: The Children’s Place Inc., The Children’s Place Inc. Welfare Benefit Plan and Hendrik Johannes Lamprecht based in Bradenton, Florida.

January 7, 2015

U.S. Department of Labor obtains consent judgment restoring more than $12K to employee benefit plans of Omaha, Nebraska, construction company

Date of Action: Jan. 6, 2015

Type of Action: Consent judgment

Name of Defendant: David E. Doll

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefit Security Administration, the Secretary of Labor filed a complaint on Dec. 30, 2013 alleging:

January 7, 2015

US Department of Labor files suit to appoint an independent fiduciary for abandoned employee benefit plan in Georgia

Date of Action: Dec. 17, 2014

Type of Action: Complaint

Name(s) of Defendant(s): Bryan M. Johns and Rainwire Partners Inc. 401(k) Plan

January 5, 2015

US Labor Department files suit seeking removal of trustee and appointment of independent fiduciary for abandoned New York City 401(k) plan

Date of Action: Dec. 23, 2014

Type of Action: Complaint

Names of Defendants: Mattie Kon and Blitz Systems Inc. 401(k) Plan.

An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration resulted in the department filing a suit in federal court alleging violations of the Employee Retirement Income Security Act:

January 5, 2015

US Department of Labor obtains order requiring fiduciary to restore $80K to Cargill Heating & Air Conditioning Co., Inc. Savings Plan in La Crosse, Wis.

Date of Action: Jan. 5, 2015

Type of Action: Consent Order and Judgment

Names of Defendants: Cargill Heating & Air Conditioning Co., Inc., Michael Earl Galstad, and Cargill Heating & Air Conditioning Co., Inc. Savings Plan in La Crosse, Wis.

Allegations: The U.S. Department of Labor filed a lawsuit on March 25, 2014, in the U.S. District Court for the Western District of Wisconsin, alleging violations of the Employee Retirement Income Security Act by the defendants.

December 24, 2014

US Labor Department files complaint seeking restoration of pension funds to the Bar-K 401(k) Plan in Lafayette, California

Date of Action:  December 19, 2014

Type of Action: Complaint

Names of Defendants: Bar-K Inc.; Walter Ng; Bruce Horwitz; and Bar-K 401(k) Plan

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

December 24, 2014

US Labor Department files complaint seeking restoration of pension funds to the Bar-K 401(k) Plan in Lafayette, California

Date of Action:  December 19, 2014

Type of Action: Complaint

Names of Defendants: Bar-K Inc.; Walter Ng; Bruce Horwitz; and Bar-K 401(k) Plan

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