Archived News Release — Caution: Information may be out of date.

San Francisco, California - The U.S. Department of Labor has filed a suit against the former president and CEO of a Bay Area technology firm to clear the way to returning $149,500 in 401(k) assets to participants in the firm’s retirement plan.

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Charleston, West Virginia - A free compliance assistance seminar focusing on laws that cover health benefits will take place July 19-20 at the Marriott Charleston Town Center. The seminar is sponsored by the Employee Benefits Security Administration of the U.S. Labor Department and by the West Virginia Insurance Commission.

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Philadelphia, Pennsylvania - The U.S. Department of Labor has filed an adversary complaint in federal bankruptcy court against the owner of now defunct G&M Land Development Inc., Wescosville, Pennsylvania, to prevent her from discharging $118,736 owed to participants of the company’s pension plan. G&M Land Development Inc. was a mobile home business that ceased operations in 1999.

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Chicago, Illinois - The U.S. Department of Labor has sued former corporate officers of Monroe Cheese Corp., Monroe, Wisconsin, for failing to forward employee contributions to the company’s pension and health plans and retaining the contributions co-mingled with the general operating assets of the company.

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Detroit, Michigan - The U.S. Department of Labor has sued former president of now-defunct Employee Resource Management Inc., Auburn Hills, Michigan, for failing to administer and terminate the company’s 401(k) plan so that assets could be distributed to plan participants.

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Boston, Massachusetts - The former president of the defunct Fine Line Drywall, Inc. of Keene, New Hampshire, has been indicted on two counts of theft by misapplication of property in the State of New Hampshire Superior Court. The defendant, Mark R. Blanchard, was arraigned June 1, 2006 in Superior Court in Keene.

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St. Joseph, Michigan - The Labor Department has sued Edward L. Krieger, president of the now defunct National Sales Inc., St. Joseph, Michigan, for using a portion of the company’s 401(k) plan assets for purposes other than to pay plan expenses. In a separate complaint, the department sued Krieger in bankruptcy court to ensure that any debts owed to the plan are not discharged.

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Portland, Oregon - The U.S. Department of Labor has sued William Patterson and C. Dixon Rauch, former owners and officers of defunct Rundel Products Inc., Portland, Oregon, in federal district court in Portland to recover over $15,000 in retirement plan losses resulting from violation of the Employee Retirement Income Security Act (ERISA).

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San Francisco - The U. S. Department of Labor (DOL) has obtained a settlement agreement requiring the trustees of the Western Spray Painting Inc. employee stock ownership plan (ESOP), located in Stockton, Calif., to pay approximately $1.2 million in restitution to the plan and $236,667 in civil monetary penalties to the federal government.

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San Francisco, California - Now-defunct GKO & Associates, a South San Francisco-based engineering consulting firm, and its former president must repay more than $142,578 to the company’s 401(k) plan under a default judgment obtained by the U.S. Department of Labor (DOL). The judgment resolves a lawsuit against the company and its former president James Winzler for misuse of employee contributions to pay corporate expenses.

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Atlanta - The U.S. Department of Labor has filed a lawsuit seeking the removal of former K & M Plumbing Contractors, Naples, Fla., as fiduciary of its abandoned 401(k) plan. The suit also asks the court to appoint an independent fiduciary to manage the plan.

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Atlanta - The U.S. Department of Labor has sued to restore more than $20,000 in assets to the 401(k) plan of former R&D Environmental Consultants, Atlanta.

"Trustees of a 401(k) plan have a responsibility to ensure that the assets of the plan are used solely to benefit participants," said Howard Marsh, director of the department's Atlanta regional office of the Employee Benefits Security Administration (EBSA).

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Parsons, Kansas - The U.S. Department of Labor (DOL) sued the fiduciaries of the Nu Alpha Manufacturing Inc. 401(k) plan for failing to forward employee contributions to the plan, failing to segregate the contributions from corporate assets and abandoning the plan without distributing the assets to plan participants.

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South Bend, Indiana - A federal bankruptcy court in Indiana has appointed Morris Anderson and Associates Ltd. to be the independent fiduciary of the abandoned Facility Management Investments, LLC 401(k) Plan, located in South Bend, Indiana, and to distribute more than $713,268 in assets to 180 participants and terminate the plan.

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Archived News Release — Caution: Information may be out of date.

San Francisco, California - The former owner of the now-defunct Palm Springs Orthopaedics Medical Clinic has been ordered to pay $33,600 to two employees covered by an employee profit sharing plan. An investigation by the U.S. Department of Labor found that Glenn D. Cunningham, who was the sole owner of the clinic and the plan fiduciary, illegally withdrew funds and failed to deposit participant loan repayments into the plan.

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U.S. Labor Department Sponsors New York Seminar on Retirement Solutions for Small Businesses under Federal Employee Benefits Law

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Boston, Massachusetts - The president of West End Lumber Company of Bridgeport, Connecticut, has been ordered to repay over $401,000 to two company employee benefit plans to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the Employee Retirement Income Security Act (ERISA).

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El Campo, Texas - The U.S. Department of Labor has sued El Campo-based Mark’s Machine Co. Inc. and its owners for failing to timely remit $65,337 in employee contributions to the company’s retirement plan and employee premiums to the health plan insurance carrier as required by the Employee Retirement Income Security Act (ERISA).

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Atlanta - The U.S. Department of Labor has sued to restore more than $6,500 in assets to the 401(k) plan of the former Stewart Law Group, Birmingham, Ala.

"Trustees of a 401(k) plan have a responsibility to ensure that the assets of the plan are used solely to benefit participants," said Howard Marsh, director of the department's Atlanta regional office of the Employee Benefits Security Administration (EBSA).