Department of Labor files suit to recover over $44,000 for the retirement plan and health plan sponsored by Sunset Golf LLC in Loudonville, Ohio

Date of Action: Oct. 29, 2013

Type of Action: Complaint

Names of Defendants: Daniel Deighan, Timothy Deighan, Sunset Golf LLC, Revolution Golf LLC, Sunset Golf LLC 401(k) Employee Retirement Plan, and Sunset Golf LLC Group Health Plan

Allegations: The complaint alleges that from Oct. 4, 2007, through March 16, 2011, Daniel Deighan, was the sole trustee of the retirement plan. The complaint also alleges that Daniel Deighan and Sunset Golf LLC failed to remit $26,277.28, in participant contributions and participant loan repayments that were withheld from employees’ paychecks to the retirement plan.  In addition, from Jan. 3, 2008, through April 24, 2009, Daniel Deighan and Sunset Golf LLC failed to timely remit participant contributions and participant loan repayments to the retirement plan.

As of Dec. 31, 2012, the retirement plan held $95,337.13 in assets, but had no fidelity bond, and the summary plan description has not been updated since March of 2004.

The complaint also alleges that from Dec. 1, 2010, through Jan. 4, 2011, and from March 5, 2011, through June 3, 2011, Daniel Deighan, individually and as a fiduciary to the health plan, and Timothy Deighan, individually and as a fiduciary to the health plan, and Sunset Golf LLC failed to remit $8,271.51 in insurance premiums withheld from employees’ paychecks to the health plan or the plan’s health insurance carrier.

Finally, the complaint alleges that Revolution Golf LLC is a successor in liability to Sunset Golf LLC.

Resolution: The complaint seeks the restoration of $26,277.28 to the retirement plan and $8,271.51 to the health plan, as well as lost opportunity costs totaling $9,549.81 for the retirement plan and $550.64 for the health plan. Further, the complaint seeks to permanently bar Daniel Deighan, Timothy Deighan, Sunset Golf LLC, and Revolution Golf LLC from serving as a fiduciary or service provider to any ERISA covered employee benefit plan, and asks that the court appoint an independent fiduciary to administer the plans.

Court: United States District Court for the Northern District of Ohio

Docket Number: 1:13-cv-02398-JG

Employers and workers can reach EBSA 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.

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.