October 22, 2015

EBSA News Brief: US Labor Department recovers over $130K for former employees of Oxford Holdings Inc. after fiduciary fails to remit employee 401(k) contributions [10/22/2015]

Date of action: Oct. 19, 2015

Type of action: Consent Judgment and Order

Names of defendants: Steven J. Watkins, Oxford Holdings Inc., and Aetna 401(k) Plan

October 22, 2015

EBSA News Release: New guidance on economically targeted investments in retirement plans from US Labor Department [10/22/2015]

WASHINGTON — The U.S. Labor Department has issued new guidance regarding economically targeted investments (ETIs) made by retirement plans covered by the Employee Retirement Income Security Act. ETIs are investments that are selected for the benefits they create in addition to the investment return to the employee benefit plan investor.

October 21, 2015

US Labor Department sues defunct construction company in California and Nevada to restore losses from fiduciary breaches of employees' benefits plan

Date of action: October 8, 2015

Type of action: Complaint

Name of defendants: Draeger Construction Inc.; Draeger Construction LLC; Draeger Construction Inc. Health and Welfare Plan; and Jeffrey Draeger, an individual

October 21, 2015

EBSA News Brief: US Labor Department sues defunct construction company in California and Nevada to restore losses from fiduciary breaches of employees' [10/21/2015]

Date of action: October 8, 2015

Type of action: Complaint

Name of defendants: Draeger Construction Inc.; Draeger Construction LLC; Draeger Construction Inc. Health and Welfare Plan; and Jeffrey Draeger, an individual

October 19, 2015

US Labor Department recovers over $130K for former employees of Oxford Holdings Inc. after fiduciary fails to remit employee 401(k) contributions

Date of action: Oct. 19, 2015

Type of action: Consent Judgment and Order

Names of defendants: Steven J. Watkins, Oxford Holdings Inc., and Aetna 401(k) Plan

October 9, 2015

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:

September 30, 2015

US Labor Department sues defunct corporation in Wayne, Pennsylvania, to distribute nearly $1 million in assets from 401(k) plan

Date of Action: Sept. 29, 2015

Name(s) of Defendants: Encorium Group Inc.

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 the following:

Encorium Group Inc.’s predecessor, the Covalent Group, established a 401(k) Profit Sharing Plan in 1996 to provide a way for its employees to voluntarily save for their retirement years on a tax-free basis. The plan was funded by elective employee contributions and discretionary employer contributions.

September 29, 2015

US Department of Labor obtains default judgments restoring losses to employee retirement plan of Madison-based IDS Sales & Engineering Inc.

Type of Action: Default Judgment

Names of Defendant: David Stratton, IDS Sales & Engineering, Inc., IDS Sales & Engineering, Inc. Retirement Savings Plan

September 23, 2015

US Labor Department secures judgment to distribute more than $310K to participants in G&H Technology Inc. 401(k) Plan in Camarillo, California

Date of action: July 22, 2015

Type of action: Default Judgment and Order

Name of defendants: G&H Technology Inc. 401 (k) Retirement Savings Plan; XAF Inc., a Delaware corporation

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the department filed a civil complaint against XAF Inc., asking for the distribution of more than $310,000 in assets to the remaining participants in the 401(k) plan.

September 9, 2015

US Labor Department secures judgment ordering fiduciaries of Connecticut, SIMPLE IRA plan to restore nearly $21k in withheld contributions

Date of Action: Sept. 9, 2015

Type of Action: Consent Judgment and Order

Defendants: American Materials Corp. and Donald J. Bercowetz

September 1, 2015

US Labor Department files suit to recover losses to employee stock ownership plan of a masonry company in Lynchburg, Virginia

Date of Action: Aug. 31, 2015

Type of Action: Complaint

Name(s) of Defendant(s): BAT Masonry Co. Inc., Wayne Booth, Gregory Booth, Melvin Hinton, John Rosser, James Joyner, Wayne Booth Revocable Trust (WB Trust), BAT Masonry Co. Inc. Employee Stock Ownership Plan & Trust, Wayne B. Booth Investments LLC, BST Enterprises LLC, M.H. Masonry & Associates Inc., and Sheldrick, McGehee & Kohler LLC (SMK)

August 26, 2015

EBSA News Release: Suit seeks recovery of more than $1.6M in losses to employee profit-sharing plan after Illinois health care provider allegedly made improper distributions [08/26/2015]

CHICAGO — The U.S. Department of Labor is suing an Illinois home health care provider alleging that the company, the profit-sharing plan and two of its trustees improperly authorized distributions of $1,601,908 in profit-sharing plan assets, in violation of the Employee Retirement Income Security Act.

The department's suit names Palos Hills-based Alliance Home Healthcare Inc.; the Alliance Home Healthcare Inc. Profit Sharing Plan; and company owners and plan trustees, Reginaldo Sulit and Dalisay Sulit.

August 26, 2015

Suit seeks recovery of more than $1.6M in losses to employee profit-sharing plan after Illinois health care provider allegedly made improper distributions

CHICAGO – The U.S. Department of Labor is suing an Illinois home health care provider alleging that the company, the profit-sharing plan and two of its trustees improperly authorized distributions of $1,601,908 in profit-sharing plan assets, in violation of the Employee Retirement Income Security Act.

The department’s suit names Palos Hills-based Alliance Home Healthcare Inc.; the Alliance Home Healthcare Inc. Profit Sharing Plan; and company owners and plan trustees, Reginaldo Sulit and Dalisay Sulit.

August 26, 2015

EBSA News Release: US Labor Department finds illegal retaliation in Cement Masons Southern California Trust Funds case [08/26/2015]

WASHINGTON — As director of the Cement Masons Southern California Trust Funds' audit and collections department, Cheryle Robbins spoke up when she believed a trustee was breaking federal law protecting CMSCTF's retirement and benefit plans. Robbins later cooperated with federal investigators, and the board of trustees responded by placing Robbins on administrative leave. When the company outsourced her department to a third-party administrator, Robbins was the only employee not retained by the new employer.

August 18, 2015

Perez v. Clark V. Hayes, Default Judgment involving the Applied Technology Systems, Inc. Retirement Plan in Cleveland, Ohio

Date of Action: July 10, 2015

Type of Action: Default Judgment

Names of Defendant: Applied Technology Systems, Inc. and Clark V. Hayes, individually and as fiduciaries to the Applied Technology Systems, Inc. Retirement Plan, and the Applied Technology Systems, Inc. Retirement Plan

August 18, 2015

EBSA News Brief: Labor Department files suit against Steven J. Watkins and Oxford Holdings Inc. alleging that they kept employees' contributions to retirement plan [08/18/2015]

Date of action:Aug. 7, 2015

Type of action: Complaint

Name(s) of defendant(s): Steven J. Watkins, Oxford Holdings Inc., and Aetna 401(k) Plan

August 18, 2015

Labor Department files suit against Steven J. Watkins and Oxford Holdings Inc. alleging that they kept employees' contributions to retirement plan

Date of action: Aug. 7, 2015

Type of action: Complaint

Name(s) of defendant(s): Steven J. Watkins, Oxford Holdings Inc., and Aetna 401(k) Plan

August 18, 2015

EBSA News Brief: Court orders Gulf Shores Marina LLC and fiduciaries to compensate GSM/RYS 401(k) Plan for failure to remit employee [08/18/2015]

Date of Action: Aug. 4, 2015

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): Gulf Shores Marina LLC, Laura M. Prioli, Stephen C. Main, Kenneth A. Main II, and the GSM/RYS 401(k) Plan

August 18, 2015

Court orders Gulf Shores Marina LLC and fiduciaries to compensate GSM/RYS 401(k) Plan for failure to remit employee contributions

Date of Action: Aug. 4, 2015

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): Gulf Shores Marina LLC, Laura M. Prioli, Stephen C. Main, Kenneth A. Main II, and the GSM/RYS 401(k) Plan 

August 11, 2015

Fiduciaries to restore $19K to Manchester, New Hampshire, 401(k) plan

Date of Action: Aug. 5, 2015

Type of Action: Consent Judgment and Order

Names of Defendants: American Hydraulics Corp., Kevin M. Lynch and Janette M. Rioux, individually and in their capacities as fiduciaries of the AHC Corp. 401(k) Plan