Department of Labor files complaint to restore losses to the Double D Excavating LLC 401(k) Plan, Health Plan & Dental Plan in Omaha

Date of Action: Dec. 30, 2013

Type of Action: Complaint

Name of Defendant: David E. Doll

Allegations: David Doll, in his capacity as trustee and fiduciary of the Double D Excavating LLC 401(k) Plan at varying times from August 2012 through April 2013, failed to segregate $6,965.36 from the general assets of Double D Excavating LLC and forward them to the 401(k) Plan. Additionally, at varying times from 2008 through 2011, Doll and Double D Excavating failed to forward employee elective deferrals in a timely manner causing an estimated $3,724.30 in lost earnings to the 401(k) Plan.

Further, as fiduciary of the Double D Excavating LLC Group Health Plan and the Double D Excavating LLC Dental Plan, at varying times from May 2012 through April 2013, Doll and Double D Excavating failed to forward $2,608.05 in payroll withholdings of health insurance premiums. The trustee also failed to forward $2,067.98 in payroll withholdings of dental insurance premiums from January 2012 through April 2013. By not forwarding the insurance premiums, the company's health insurance coverage was cancelled on May 1, 2012.

Resolution: The complaint asks the court to order Doll to restore to the 401(k) Plan and participants of the Health Plan and the Dental Plan all losses attributable to Doll's fiduciary duties including lost opportunity cost and interest. The suit also seeks to permanent enjoining Doll from violating the Employee Retirement Income Security Act.

Court: United States District Court for the District of Nebraska in Omaha, Neb.

Docket Number: 8:13-cv-00378

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.