US Labor Department sues Jessup, Maryland-based contractor to recover nearly $19,000 to 401(k) plan

Date of Action: April 16, 2015

Name(s) of Defendants: Brian Hicks, Trojan Horse LTD; Capitol Expressways Inc.; Glen Burnie Hauling Inc.; BDH Logistics LLC; and Trojan Horse LTD 401(k) plan.

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

Beginning in June 2011, the defendants failed to remit $18,600 in loan repayments and employee contributions to the Trojan Horse LTD 401(k) plan. Additionally, Hicks and Trojan Horse LTD failed to terminate the plan and distribute its assets in accordance with the plan documents.

Hicks is the owner and president of Trojan Horse LTD and its related entities Capitol Expressways Inc., Glen Burnie Hauling Inc., and BDH Logistics LLC. Based in Jessup, Maryland, all four of the related companies owned by Hicks ceased doing business and terminated their employees.

Resolution: The complaint seeks restoration of the unremitted employee contributions and loan repayments, with lost earnings. It also seeks the removal of Hicks and the companies as plan fiduciaries, and appointment of an independent fiduciary to administer the plan and distribute its assets.

Court: United States District Court for the District of Maryland

Docket Number: 1:15-cv-01097-ELH

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