U.S. Labor Department obtains court judgment barring Maryland company and owner from service to employee benefit plans

Archived News Release — Caution: Information may be out of date.

Columbia, Maryland – The U.S. Department of Labor has obtained a consent judgment removing National Management Systems LLC of Columbia and its owner, William Ray Miller II, as fiduciaries to the company’s pension plan, and permanently barring them from serving as fiduciaries to any employee benefit plan governed by the Employee Retirement Income Security Act (ERISA) in the future.

“Fiduciaries have a responsibility to protect the interest of pension plan participants by properly managing assets entrusted to them,” said Mabel Capolongo, director of the Philadelphia Regional Office of the Labor Department’s Employee Benefits Security Administration (EBSA).

The judgment resolves a department lawsuit alleging that, in 2004, Miller violated ERISA when he transferred plan assets from the company’s plan account to nontrust accounts, which he controlled and in which he had an interest. Miller, who served as plan trustee and administrator, made restitution to the plan before the suit was filed.

The consent judgment was entered in the U.S. District Court for the District of Maryland. The court action resulted from an investigation conducted by EBSA.

Employers and workers needing help with problems related to private sector retirement and health plans can reach the EBSA Washington District Office at 301.713.2000 or toll-free at 866.444.3272. In fiscal year 2007, EBSA achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families. Information on EBSA is available from the agency’s Web site at www.dol.gov/ebsa.

Chao v. William Ray Miller II
Civil Action Number 1:08-cv-1146

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 202.693.7828 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.