US Labor Department files suit to restore losses to The Children’s Place Inc. Welfare Benefit Plan in Bradenton, Florida

Date of Action: Dec. 31, 2014

Type of Action: Complaint

Names of Defendants: The Children’s Place Inc., The Children’s Place Inc. Welfare Benefit Plan and Hendrik Johannes Lamprecht based in Bradenton, Florida.

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the secretary of labor has filed a complaint alleging that during the period between Aug. 1, 2009 and May 1, 2010, defendants The Children’s Place Inc., based in Bradenton, Florida, and Hendrik Johannes Lamprecht withheld a total of $14,192.36 in employee premium contributions from employee participants’ pay and failed to forwarded them to the plan in accordance with the Employee Retirement Income Security Act. Additionally, employee participants and their dependents incurred expenses of $13,979.13 for unpaid medical and prescription drug charges after their insurance coverage lapsed due to nonpayment of premiums.

During the periods that employee premium contributions were not remitted to the plan, the funds were being used for the personal benefit of the defendants rather than for the exclusive benefit of the plan and the participants.

Resolution: The department is asking the court to order the defendants to restore all losses to the plan, including lost opportunity costs, resulting from the breach of their fiduciary obligations and to offset the individual accounts of any defendant against the amount of losses. The complaint also asks that the defendants be permanently enjoined from violating Title I of ERISA; from serving as fiduciary, officer, trustee, agent, or representative in any capacity to any employee benefit plan, as defined by ERISA; and to appoint a successor fiduciary or administrator at the defendants’ expense.

Court: United States District Court for the Middle District of Florida, Tampa Division

Docket Number: 8:14-cv-3236-T-26 TGW

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