U.S. Department of Labor obtains consent judgment restoring more than $12K to employee benefit plans of Omaha, Nebraska, construction company

Date of Action: Jan. 6, 2015

Type of Action: Consent judgment

Name of Defendant: David E. Doll

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefit Security Administration, the Secretary of Labor filed a complaint on Dec. 30, 2013 alleging:

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: Pursuant to the terms of the consent judgment, the Department agreed to resolve all claims against the defendant in exchange for the payment of $12,038.35 in total restitution.  The restitution takes into consideration payments that were made after the Department’s complaint was filed and includes payment of missing plan assets, missing health and dental plan premiums, and lost interest.  The consent judgment also notes that the Secretary will impose a penalty of 20 percent of the applicable recovery amount and permanently enjoins Doll from violating the provisions of ERISA Sections 403, 404, and 406.

Court: United States District Court for the District of Nebraska, Omaha, Nebraska

Docket Number: 8:13-cv-378-CRZ

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.

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