Trustee of Somerset, Pennsylvania, profit sharing plan ordered to cooperate with U.S. Labor Department investigation

Somerset, Pennsylvania — A federal district court has found James Sujansky, trustee of the Super City Sports Sales Inc. 401 (k) Profit Sharing Plan, in contempt of court for failing to comply with a court order directing him to produce documents subpoenaed during an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA).

EBSA is seeking documents as part of an inquiry into potential violations of the Employee Retirement Income Security Act. Sujansky and Super City Sports Sales Inc. originally were ordered to produce the documents on February 24, 2009, after they failed to respond to subpoenas served in July 2008.

“We see this as a major victory in our effort to protect workers’ retirement benefits,” said Mabel Capolongo, administrator of EBSA’s Philadelphia Regional Office. “The court’s action will enable us to obtain these documents and proceed with our investigation.”

The contempt order, entered in the U.S. District Court for the Western District of Pennsylvania, directs Sujansky and the company to respond to the administrative subpoenas and pay a $1,000 fine to the Labor Department. Failure to fully respond to the subpoenas will result in additional fines.

Employers and workers can contact the agency’s Philadelphia office at 215.861.5300 or toll-free at 866.444.3272 for help with problems relating to private sector pension and health plans. In fiscal year 2008, EBSA achieved monetary results of $1.2 billion related to the pension, 401(k), health and other benefits for millions of American workers and their families.

Solis v. Sujansky
Docket Number: 09-02 J

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