June 9, 2015

EBSA News Brief: Defendants to restore $26K to Windham, Maine, Simple IRA plan following US Labor Department lawsuit [06/09/2015]

Date of action: June 1, 2015

Type of action: Consent Judgment and Order.

Names of defendant: Seavey's Furniture & Appliance Inc. and Timothy W. Seavey

June 9, 2015

Defendants to restore $26K to Windham, Maine, Simple IRA plan following US Labor Department lawsuit

Date of action: June 1, 2015

Type of action: Consent Judgment and Order.

Names of defendant: Seavey’s Furniture & Appliance Inc. and Timothy W. Seavey

Allegations: The Seavey’s Furniture & Appliance Inc. Simple IRA plan was established to provide retirement benefits for participating employees of Seavey’s Furniture & Appliance Inc., located in Windham, Maine. The plan was funded by amounts withheld from employees’ paychecks as employee contributions and by matching employer contributions.

June 8, 2015

Owner of former company in Emeryville, California, convicted of grand theft in 401(k) retirement funds case investigated by US Department of Labor

Date of action: May 26, 2015

Type of action: Criminal Conviction and Sentence

Name of defendant: Lance Silva

June 3, 2015

US Labor Department sues Gruber Systems and its CEO to recover more than $2.6 million in losses to employee stock ownership plan

LOS ANGELES – The U.S. Department of Labor has filed a lawsuit against Gruber Systems Inc. and its CEO John Hoskinson alleging that the defendants caused the company's employee stock ownership plan participants to lose money when the plan purchased additional company stock for significantly more than fair market value in two transactions totaling $2.6 million.

The suit alleges that this money should have been set aside to fund the retirement accounts of Gruber retirees, but was steered into the stock purchase to fund the financially distressed company.

May 28, 2015

EBSA News Release: Employee Benefits Security Administration publishes plan audit quality report [05/28/2015]

WASHINGTON — The U.S. Labor Department's Employee Benefits Security Administration has published its study on the quality of benefit plan audits performed by certified public accountants. The report, "Assessing the Quality of Employee Benefit Plan Audits," reveals serious issues with the current system.

May 26, 2015

U.S. Labor Department secures consent judgment against fiduciaries in Lakewood, Washington, who took money from pension plan for personal use

Date of Action: May 21, 2015

Type of Action: Consent Judgment and Order

Names of Defendants: Alfred H. Chan M.D., P.C.; Alfred H. Chan; Judy H. Chan; and the Alfred H. Chan M.D., P.C. Defined Benefit Plan & Trust

May 26, 2015

EBSA News Brief: U.S. Labor Department secures consent judgment against fiduciaries in Lakewood, Washington, who took money from pension plan for personal use [05/26/2015]

Date of Action: May 21, 2015

Type of Action: Consent Judgment and Order

Names of Defendants: Alfred H. Chan M.D., P.C.; Alfred H. Chan; Judy H. Chan; and the Alfred H. Chan M.D., P.C. Defined Benefit Plan & Trust

May 19, 2015

EBSA News Brief: AARC Environmental Inc. owes missing employee retirement contributions and health plan premiums, let health plan coverage lapse [05/19/2015]

Date of Action: April 20, 2015

Type of Action: Amended Complaint to permanently enjoin from serving as a fiduciary to any retirement benefit plan subject to the Employee Retirement Security Income Security Act of 1974 and from violating the act.

Name of Defendant: AARC Environmental, Inc., an environmental engineering firm in Houston, Texas, and owner Kishore Chainani

May 19, 2015

AARC Environmental Inc. owes missing employee retirement contributions and health plan premiums, let health plan coverage lapse

Date of Action: April 20, 2015

Type of Action: Amended Complaint to permanently enjoin from serving as a fiduciary to any retirement benefit plan subject to the Employee Retirement Security Income Act of 1974 and from violating the act.

Name of Defendant: AARC Environmental, Inc., an environmental engineering firm in Houston, Texas, and owner Kishore Chainani

May 19, 2015

Court appoints independent fiduciary to distribute assets of I.Q. Marketing Inc. 401(k) Plan in Minneapolis

Date of Action: May 15, 2015

Type of Action: Default Judgment

Names of Defendants: Janet Finken, I.Q. Marketing, Inc., I.Q. Marketing Inc. 401(k) Plan

May 14, 2015

Fiduciary restores more than $10K to SGH Communications, Inc. SIMPLE Plan in Lakeville, Minnesota

Date of Action: May 14, 2015

Type of Action: Consent order and judgment

Names of Defendant: Jean Hanvik, SGH Communications, Inc., SGH Communications, Inc. SIMPLE Plan

Allegations: Jean Hanvik was the sole owner of SGH Communications, Inc. in Lakeville, Minnesota. SGH Communications, Inc. was the plan administrator for the SGH Communications Inc. SIMPLE Plan.

May 8, 2015

EBSA News Brief: Labor Department sues Alabama's Law Partners LLC for improper use of employee retirement contributions [05/08/2015]

Date of Action: April 28, 2015

Type of Action: Complaint

Names of Defendants: Law Partners LLC, Milton Bryan Peoples, and the Law Partners LLC 401(k) Salary Reduction Plan

May 8, 2015

Labor Department sues Alabama’s Law Partners LLC for improper use of employee retirement contributions

Date of Action: April 28, 2015

Type of Action: Complaint

Names of Defendants: Law Partners LLC, Milton Bryan Peoples, and the Law Partners LLC 401(k) Salary Reduction Plan

May 4, 2015

US Labor Department sues defunct Oregon wood manufacturing company and its owner to restore retirement plan assets

Date of Action: May 1, 2015

Type of Action: Complaint

Names of Defendants: Charles W. Buller; Park Place Wood Products Inc.; and the Park Place Woods Products Inc. Retirement Savings Plan

May 4, 2015

EBSA News Brief: US Labor Department sues defunct Oregon wood manufacturing company and its owner to restore retirement plan assets [05/04/2015]

Date of Action: May 1, 2015

Type of Action: Complaint

Names of Defendants: Charles W. Buller; Park Place Wood Products Inc.; and the Park Place Woods Products Inc. Retirement Savings Plan

May 1, 2015

US Labor Department sues Doylestown, Pennsylvania staffing company and its president to recover employee contributions owed to a 401(k) plan

Date of Action: April 17, 2015

Name(s) of Defendants: Steven F. Sonstein,  Cobalt Staffing Inc. and Cobalt Staffing Inc. 401(k) Plan

April 29, 2015

US Labor Department sues owner of former company in Emeryville, California, to restore more than $43,000 to 401(k) Plan

Date of Action: April 20, 2015

Type of Action: Civil Complaint

Names of Defendants: Lance Silva, National Upholstering Company, Inc., and the National Upholstering Company 401(k) Plan

April 28, 2015

US Labor Department sues City National Bank and officers

LOS ANGELES – The U.S. Department of Labor has filed a lawsuit against the fiduciaries of the City National Corp. Profit Sharing Plan. Filed in the U.S. District Court for the Central District of California Western Division, the lawsuit alleges that the plan lost more than $4 million when fiduciaries engaged in self-dealing and conflicted transactions involving plan assets when they caused the plan to pay excessive fees to City National Bank and its affiliates.

April 27, 2015

US Labor Department secures consent judgment appointing independent fiduciary for defunct lumber company in Chester County, Pennsylvania

Date of Action: April 20, 2015

Name(s) of Defendants: Stephen Scott Danby, Jr.; Danby Lumber and Millwork Company, Inc.; Danby Lumber and Millwork Company, Inc. 401(k) Profit Sharing Plan

April 23, 2015

Court orders Chico, California steel fabrication company to restore more than $27,000 to 401(k) Plan

Date of Action: April 21, 2015

Type of Action: Consent Judgment and Order

Names of Defendants: Butte Steel & Fabrication Inc.; Jeffrey Brochheuser; and the Butte Steel & Fabrication Inc. 401(k) Profit Sharing Plan