Judge orders A.B.D. Tank & Pump Co. to restore $2.7 million to worker retirement plan following US Labor Department investigation

ELMHURST, Ill. – Following an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration and resulting lawsuit, a federal court has issued a default judgment against Elmhurst-based A.B.D. Tank & Pump Co. to restore $2,767,051 to the company’s retirement plan.  Keith Davis, the company’s president and sole owner, allegedly depleted the assets of the plan through a series of withdrawals and transfers to himself and the company from Dec. 6, 2006, through Nov. 4, 2010, in violation of the Employee Retirement Income Security Act.

“The Labor Department is committed to holding accountable those who are entrusted with the assets of workers’ retirement plans,” said Phyllis C. Borzi, assistant secretary of labor for employee benefits security. “We will continue to help workers obtain their rightful benefits when plan fiduciaries violate the law.”

The A.B.D. Tank & Pump Co. 401(k) & Profit Sharing Plan & Trust, a retirement plan for the company’s employees funded by employer contributions, was established in 1992. Davis is the plan’s trustee.

The court order requires A.B.D. Tank & Pump Co. to restore all losses, including lost opportunity costs, to the retirement plan, and permanently bars A.B.D. Tank & Pump Co. from serving as a fiduciary or service provider to any employee benefit plan governed by ERISA in the future.  The complaint against Davis remains pending.

The department’s regional solicitor in Chicago is litigating this case in the U.S. District Court, Northern District of Illinois, Eastern Division in Chicago, based on an investigation by EBSA’s Chicago Regional Office. Employers and workers can reach EBSA’s Chicago office at 312-353-0900 or toll-free at 866-444-3272 for help with problems related to private sector retirement and health plans. Additional information can be found at www.dol.gov/ebsa.

Solis v. A.B.D. Tank & Pump Co., Keith Davis
Civil Action Number: 11-cv-06987

U.S. Department of Labor news 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.