U.S. Department of Labor Obtains Consent Order and Judgment to Restore $13,193 to the Sartell Group 401(k) Plan in Minneapolis, Minnesota

MINNEAPOLIS, MN – After an investigation by the Department of Labor’s Employee Benefits Security Administration (EBSA), the U.S. District Court for the District of Minnesota issued a consent order and judgment requiring the fiduciaries of Minneapolis, Minnesota-based The Sartell Group Inc. to restore $13,193 to The Sartell Group 401(k) employee retirement benefit plan.

Investigators found that fiduciaries Pamela Sartell, Forrest Sartell and The Sartell Group Inc. violated the Employee Retirement Income Security Act (ERISA) by failing to remit employee contributions and participant loan repayments to its 401(k) Plan.

Prior to this judgment, fiduciaries had repaid an additional $27,135 in employee contributions and participant loan repayments that EBSA’s investigation discovered they had failed to remit.

“This judgment restores to participants their hard-earned retirement funds and protects their future,” said EBSA Regional Director James J. Purcell, in Kansas City, Missouri. “Fiduciaries must work solely in the interest of plans and participants, and manage employee benefit plans in accordance with federal laws. Fiduciaries with questions on their role should reach out to EBSA for guidance.”

The terms of the consent order and judgment, also remove and permanently enjoin fiduciary Forrest Sartell from serving or acting as a fiduciary or service provider to any ERISA-covered employee benefit plan in the future, and require fiduciary Pamela Sartell to complete training in the duties and responsibilities of fiduciaries to ERISA-covered plans.

The fiduciaries will also pay a civil money penalty of $8,065 for these ERISA violations. EBSA’s Kansas City Regional Office investigated the case.

ERISA requires fiduciaries to operate employee benefit plans solely in the interest of participants and beneficiaries. Employers and workers can reach EBSA toll-free at 866-444-3272 for help with problems related to private sector retirement and health plans.

EBSA’s mission is to assure the security of the retirement, health and other workplace related benefits of America’s workers and their families. EBSA accomplishes this mission by developing effective regulations; assisting and educating workers, plan sponsors, fiduciaries and service providers; and vigorously enforcing the law. 

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Scalia v. Sartell Group, Inc., Pam Sartell, Forrest Sartell and The Sartell Group 401(k) Plan

Civil Action No. 20-cv-1088 (SRN-KMM)