April 24, 2014

US Department of Labor obtains court order freezing 401(k) fiduciary's account

SEATTLE — The U.S. Department of Labor has obtained a court order from the U.S. District Court for the Western District of Washington that temporarily freezes the account balance of Brenda Lukas-Jones, former president of Lukas Machine Inc., in the company's 401(k) profit sharing plan and trust. On April 14, the department filed a complaint against Lukas Machine Inc., Lukas-Jones and others, alleging that they had violated the Employee Retirement Income Security Act between April 2008 and October 2011, causing more than $41,000 in losses to the 401(k) plan.

April 24, 2014

EBSA News Release: US Department of Labor obtains court order freezing 401(k) fiduciary's account [04/24/2014]

SEATTLE — The U.S. Department of Labor has obtained a court order from the U.S. District Court for the Western District of Washington that temporarily freezes the account balance of Brenda Lukas-Jones, former president of Lukas Machine Inc., in the company's 401(k) profit sharing plan and trust. On April 14, the department filed a complaint against Lukas Machine Inc., Lukas-Jones and others, alleging that they had violated the Employee Retirement Income Security Act between April 2008 and October 2011, causing more than $41,000 in losses to the 401(k) plan.

April 21, 2014

Perez v. Roadrunner Material Distributors Inc. involving abandoned plan of defunct Placentia, Calif., building materials company

Date of Action: March 28, 2014

Type of Action: Amended Complaint

Name(s) of Defendant: Roadrunner Material Distributors Inc.; Roadrunner Material Distributors Inc. 401(k) Profit Sharing Plan

April 14, 2014

EBSA News Release: Investment advisor restores more than $340,000 to benefit plans after US Department of Labor finds pension rule violations [04/14/2014]

JOHNSTON, Iowa — Iowa-based investment advisor Donald Gene DeWaay Jr. has paid $341,487 to 68 pension plans covered by the Employee Retirement Income Security Act. The payments were made as part of a settlement agreement following an investigation by the U.S. Department of Labor's Employee Benefits Security Administration.

April 13, 2014

EBSA News Brief: US Labor Department sues Specialty Restaurant Group LLC to restore retirement and health plan contributions in Maryville, Tennessee [04/13/2014]

Date of Action: March 27, 2015

Type of Action: Complaint

Names of Defendants: James H. Carmichael, The Specialty Restaurant Group LLC 401(k) Plan, and The Specialty Restaurant Group LLC Group Health Plan

April 10, 2014

Perez v. Nyanjom, et al., involving consent judgment of Columbia, Md., medical provider

Date of Action: April 8, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): David O. Nyanjom, Laura Nyanjom, Pulmonary Disease & Critical Care Associates, P.A and Pulmonary Disease & Critical Care Associates, P.A. 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 as follows:

April 10, 2014

Perez v. William Kristen Hathaway, et al., involving default judgment against Baltimore, Md., drug treatment center

Date of Action: April 1, 2014

Type of Action: Default Judgment

Name(s) of Defendant(s): William Kristen Hathaway and the Baltimore Behavioral Health 403(b) 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 on Nov. 1, 2013, alleging as follows:

April 8, 2014

Owners of Guardian Graphics, Ltd. to restore more than $50,000 to Chicago employee retirement plan

Date of Action: March 28, 2014

Type of Action: Consent Order and Judgment

Names of Defendant: Richard J. Jurczykowski, Richard A. Lindahl, Guardian Graphics, Ltd., Guardian Graphics Ltd. 401(k) Profit Sharing Plan

April 2, 2014

US Labor Department files suit against Melrose, Mass., retirement plan fiduciaries to recover uncollected contributions, appoint independent fiduciary

Date of Action: March 28, 2014

Type of Action: Complaint

Names of Defendant: Heatech Inc. and Michael Fitzmeyer, in their capacity as fiduciaries of the Heatech Inc. Retirement Plan

April 1, 2014

US Department of Labor files suit to recover losses to Cargill Heating & Air Conditioning Co. Inc. Savings Plan in La Crosse, Wis.

Date of Action: March 25, 2014

Type of Action: Complaint

Names of Defendants: Cargill Heating & Air Conditioning Co. Inc., Michael Earl Galstad, and Cargill Heating & Air Conditioning Co. Inc. Savings Plan in La Crosse, Wis.

March 31, 2014

US Department of Labor sues Tucker, Ga.-based Distribution by Datagen to recover unremitted premiums and unpaid medical claims

TUCKER, Ga. – The U.S. Department of Labor has sued Distribution by Datagen Inc., formerly known as Depawix Health Resources Inc. of Tucker, and several companies and individuals involved in the imprudent marketing and operation of a Multiple Employer Welfare Arrangement, in violation of the Employee Retirement Income Security Act.

March 31, 2014

Judge orders trustee to restore losses to Louis & Riparetti Retirement Plan in Scotts Valley, Calif.

Date of Action: March 20, 2014

Type of Action: Consent Judgment and Order

Name(s) of Defendant: Louis & Riparetti Inc., Darrel Louis, and the Louis & Riparetti Retirement Plan

Allegations: The U.S. Department of Labor filed a lawsuit on April 10, 2012, in the U.S. District Court for the Northern District of California to recover unremitted employee contributions, uncollected employer contributions, and associated lost opportunity costs for the Louis & Riparetti Inc. Retirement Plan.  

March 27, 2014

US Labor Department files suit to remove trustee of Queens, NY, 401(k) plan

Date of Action: March 25, 2014

Type of Action: Complaint

Name(s) of Defendant: Edward J. Sajovic and the Edward J. Sajovic Design LLC 401(k) Profit Sharing Plan

Allegations: The plan was established in January 2011 to provide retirement benefits for employees of Edward J. Sajovic Design LLC, a company specializing in the design of holiday displays for stores with a last known address of 10-39 44th Dr., Long Island City, N.Y. Edward Sajovic and John Cuozzo were the plan trustees. John Hancock Financial Services has been the custodian of the plan’s assets.

March 27, 2014

EBSA News Release: US Department of Labor files suit, seeks independent fiduciary for abandoned employee benefit plan of defunct New York investment house [03/27/2014]

NEW YORK — The U.S. Department of Labor has filed suit in the U.S. District Court for the Southern District of New York to seek the appointment of an independent fiduciary and trustee to administer an abandoned New York City pension benefit plan. The plan has $308,438 in assets and 26 participants.

March 27, 2014

U.S. Department of Labor files contempt petition involving Air Gage Co. 401(k) Plan & Air Gage Co. Health Care Plan in Livonia, Mich.

Air Gage Co. 401(k) Plan & Air Gage Co. Health Care Plan in Livonia, Mich.

Date of Action: March 27, 2014

Type of Action: Petition for Civil Contempt, Order to Show Cause

Name of Defendant: Thomas Fernandes, individually and as a fiduciary to the Air Gage Company 401(k) Plan and Air Gage Company Health Care Plan

Contempt Petition: Fernandes, in his capacity as a fiduciary to the Air Gage Company 401(k) Plan and Air Gage Company Health Care Plan, is liable to the plans for $11,143.21.

March 18, 2014

Fiduciary to repay more than $9,000 in unremitted contributions to Carnegie Body Company 401(k) Retirement Plan in Cleveland, Ohio

Date of Action: March 17, 2014

Type of Action: Consent Order and Judgment

Name of Defendant: Richard Sippola, individually, and as fiduciary of the Carnegie Body Company 401(k) Retirement Plan

Allegations: Richard Sippola, individually and as fiduciary of the Carnegie Body Company 401(k) Retirement Plan failed to ensure that employee pre-tax contributions and loan repayments for the period March 13, 2009, through Jan. 10, 2010, were remitted to the Carnegie Body Company 401(k) Retirement Plan. The company is located in Cleveland.

March 17, 2014

US Labor Department files suit, seeking appointment of independent fiduciary for abandoned New York City retirement plan

Date of Action: March 6, 2014

Type of Action: Complaint

Name(s) of Defendant: Council on Economic Priorities Inc. 403(b) Retirement Plan

March 12, 2014

EBSA News Release: US Secretary of Labor Thomas E. Perez announces new appointments, leadership for 2014 ERISA Advisory Council [03/12/2014]

WASHINGTON — U.S. Secretary of Labor Thomas E. Perez today announced the appointments of five new members to the 2014 Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council. He also announced the 2014 chair and vice chair of the council, which are Neal S. Schelberg and Paul M. Secunda respectively.

March 11, 2014

EBSA News Release: US Labor Department proposes that service providers give employers a guide for 401(k) fee disclosures [03/11/2014]

WASHINGTON — The U.S. Department of Labor today requested public comments on a proposed rule that would require pension plan service providers to furnish employers and other plan fiduciaries with a guide to assist them in navigating fee disclosure documents.