Labor Department Sues Officers of Sherburn, Minnesota, Business For Failing to Properly Administer Retirement Plan

Archived News Release — Caution: Information may be out of date.

Sherburn, Minnesota - The U.S. Department of Labor has sued the officers of D&J Transfer Company, Sherburn, Minnesota, for failing to administer and terminate the company’s employee retirement plan so that assets could be distributed to plan participants.

The suit names Bradley Hartke, Douglas Hartke, and the D&J Transfer Company as fiduciaries of the company’s 401(k) plan and trust. The company provided long haul trucking services but ceased operations a number of years ago.

“The department is committed to act quickly to help workers get their benefits when plan assets are either misused or their plans are abandoned,” said Steven Eischen, regional director of the Kansas City regional office of the Employee Benefits Security Administration, which investigated the case.

The lawsuit alleges that the Hartkes failed to take responsibility for terminating the plan and distributing assets to beneficiaries and participants when the company ceased operations. The retirement plan serves 25 participants with total assets of $210,996.

The suit seeks to order that the Hartkes be barred from serving as a fiduciaries of the retirement plan and appointment of an independent fiduciary to administer the plan and distribute the assets.

In fiscal year 2005, EBSA achieved monetary results of $1.7 billion related to the pension, 401(k), health and other benefits for millions of American workers and their families. Employers and workers can reach EBSA’s Kansas City regional office at 816.426.5131. Help with problems relating to private-sector retirement and health plans can also be obtained by calling EBSA’s toll-free number, 1.866.444.EBSA (3272).

(Chao v. D&J Transfer Company)
Civil Action No.

U.S. Department of Labor news releases are accessible on the Department's Newsroom page. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at 202.693.7765 or TTY 202.693.7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit the Department's Compliance Assistance page.

Archived News Release — Caution: Information may be out of date.

Contact Name: Brad Mitchell
Phone Number: 312.353.6976