US Labor Department obtains consent judgment restoring more than $40K in contributions to 401(k) plan of dental practice in Douglassville, Pennsylvania

Date of Action: Oct. 8, 2015

Name(s) of Defendant(s): Lisa A. Ferrari, DMD; Clifton Casey and Lisa A. Ferrari, DMD, LLC

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 on Jan. 14, 2015, alleging the following:

The defendants breached their statutory duties to the plan participants under the Employee Retirement Income Security Act of 1974. Specifically, from 2009 through 2012, the plan trustees failed to ensure elective employee contributions and employer safe harbor contributions were remitted to the plan on a timely basis.

The total amount due to the plan participants, including lost interest, was determined to be $44,986.08.

Resolution: The court approved a consent judgment ordering the defendants to restore all losses plus interest to the plan over a series of installment payments. It also permanently enjoins the company and the trustees from violating ERISA in the future.

Court: United States District Court for the Eastern District of Pennsylvania

Docket Number: 1:15-cv-00160

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