Solis v. BHMA LLC

Date of Action:  Oct. 3, 2011

Name(s) of Defendant(s):  BHMA LLC

Allegations: On or about Jan. 1, 2001, New Hampshire-based BHMA LLC established a 401(k) plan for its employees and served as administrator and sponsor of the plan. An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration found that the company ceased operations at its Leesburg, Va., location in or near 2004 and since that time, had not taken any steps to properly administer the plan and distribute benefits.  As of Oct. 14, 2009, the plan had 59 participants with account balances totaling $187,235.51.  On Feb. 3, 2011, the Labor Department filed a complaint in the U.S. District Court for the Eastern District of Virginia seeking the appointment of an independent fiduciary for purposes of terminating the plan and distributing its remaining assets.

Resolution: On Oct. 3, 2011, United States District Judge Liam O’Grady ordered that BHMA LLC be removed from its fiduciary position and appointed Lefoldt & Co., P.A., as an independent fiduciary to administer the 401(k) plan and in order, to effectuate its termination, including the distribution of plan assets to the participants and beneficiaries.

Court:  United States District Court for the Eastern District of Virginia

Docket Number:   1:11-cv-00120

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U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.