April 22, 2015

US Labor Department sues Jessup, Maryland-based contractor to recover nearly $19,000 to 401(k) plan

Date of Action: April 16, 2015

Name(s) of Defendants: Brian Hicks, Trojan Horse LTD; Capitol Expressways Inc.; Glen Burnie Hauling Inc.; BDH Logistics LLC; and Trojan Horse LTD 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:

April 20, 2015

US Labor Department obtains consent judgment restoring more than $257,000 to the shared savings plan of Sterling, Va., software development company

Date of Action: April 17, 2015

Type of Action: Complaint and Consent Judgment

Name(s) of Defendant(s): Robert W. Lewis, Kristie L. McDonald, Enterworks Inc. and Enterworks Inc. Shared Savings 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:

April 14, 2015

EBSA News Release: US Labor Department seeks public comment on proposal to protect consumers from conflicts of interest in retirement advice [04/14/2015]

WASHINGTON — The U.S. Department of Labor has released a proposed rule that will protect 401(k) and IRA investors by mitigating the effect of conflicts of interest in the retirement investment marketplace. A White House Council of Economic Advisers analysis found that these conflicts of interest result in annual losses of about 1 percentage point for affected investors — or about $17 billion per year in total.

April 13, 2015

US Labor Department sues Specialty Restaurant Group LLC to restore retirement and health plan contributions in Maryville, Tennessee

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

March 30, 2015

Fiduciaries to restore $485K to Bridgeport, Connecticut, retirement plan

Date of Action: March 19, 2015

Type of Action: Amended Consent Judgment and Order

Names of Defendant: Fletcher-Thompson, Inc. Savings Plan and Michael S. Marcinek, in their capacities as fiduciaries of the Fletcher-Thompson Inc. Savings Plan

March 30, 2015

Fiduciaries to restore $485K to Bridgeport, Connecticut, retirement plan

Date of Action: March 19, 2015

Type of Action: Amended Consent Judgment and Order

Names of Defendant: Fletcher-Thompson, Inc. Savings Plan and Michael S. Marcinek, in their capacities as fiduciaries of the Fletcher-Thompson Inc. Savings Plan

March 24, 2015

US Labor Department secures payment to, appointment of independent fiduciary for abandoned Holden, Mass., Simple IRA Plan

Date of Action: March 24, 2015

Type of Action: Consent Judgment and Order

Name of Defendants:  Holden Sand & Gravel, Joseph Montalto, fiduciary for the Holden Sand and Gravel SIMPLE IRA Plan.

March 19, 2015

EBSA News Release: US Labor Department reaches $84 million settlement with BNY Mellon [03/19/2015]

WASHINGTON — The Bank of New York Mellon has agreed to repay $84 million to employee benefit plan customers who were victimized through the bank's "standing instruction" foreign exchange trading program. The agreement was reached as part of a larger settlement that resolves private lawsuits against the bank as well as suits brought by the U.S. Department of Justice and the New York State Attorney General.

March 19, 2015

EBSA News Brief: Fiduciaries to restore $485K to Bridgeport, Connecticut, retirement plan [04/02/2014]

Date of Action: March 19, 2015

Type of Action: Amended Consent Judgment and Order

Names of Defendant: Fletcher-Thompson, Inc. Savings Plan and Michael S. Marcinek, in their capacities as fiduciaries of the Fletcher-Thompson Inc. Savings Plan

March 18, 2015

US Labor Department announces additional flexibility for 401(k) plans furnishing annual investment information to workers

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration has announced a direct final rule that provides a two-month grace period for participant-directed individual account plans (e.g., 401(k) plans) to provide annual investment and plan-related information to participants.

March 16, 2015

EBSA News Brief: US Labor Department sues fiduciaries of Northampton, Mass., health plan for unremitted contributions, unpaid healthcare claims [03/16/2015]

Date of Action: January 23, 2015

Type of Action: Complaint

Names of Defendants: Northampton Motor Classics LLC and Andrew Feuerstein

March 16, 2015

EBSA News Release: Obama administration publishes final rule on excepted benefits [03/16/2015]

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury have published final rules to amend the definition of excepted benefits to include certain limited coverage that wraps around individual health insurance. Such coverage would have to be specifically designed to provide meaningful benefits such as coverage for expanded in-network medical clinics or providers, reimbursement for the full cost of primary care, or coverage of the cost of prescription drugs not on the formulary of the primary plan.

March 13, 2015

EBSA News Release: Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit [03/13/2015]

NEW YORK — Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 13, 2015

Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit

NEW YORK – Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 12, 2015

EBSA News Brief: US Labor Department files lawsuit against Longmont, Colorado, administrator for receiving illegal commission payments [03/12/2015]

Date of Action: March 9, 2015

Type of Action: Judgment 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(s) of Defendant: Alvin Martin Mavis

March 12, 2015

US Labor Department secures appointment of independent fiduciary to administer abandoned North Billerica, Massachusetts, retirement plan

Date of Action: March 9, 2015

Type of Action: Consent Judgment and Order

Name of Defendant: Electronic Business Solutions Inc.

March 9, 2015

US Labor Department files suit against Vic International Corp. in Knoxville, Tenn. to restore 401(k) contributions

Date of Action: Feb. 23, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Vic International Corp., Vic International 401(k) Profit Sharing Plan, James Victor Green, Kelly Milligan, and Paul Kelley

March 9, 2015

Labor Department files suit to restore losses to Massey Wholesale Co. Inc. SIMPLE IRA Plan in Dawson, Georgia

Date of Action: Feb. 26, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Massey Wholesale Co. Inc., Massey Wholesale Co. SIMPLE IRA Retirement Plan, Larry W. Massey as executor of the estate of Mary S. Massey and Larry W. Massey

March 9, 2015

EBSA News Brief: US Labor Department files suit against Vic International Corp. in Knoxville, Tenn. to restore 401(k) contributions [03/09/2015]

Date of Action: Feb. 23, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Vic International Corp., Vic International 401(k) Profit Sharing Plan, James Victor Green, Kelly Milligan, and Paul Kelley

March 6, 2015

US Labor Department secures appointment of independent fiduciary for abandoned Central Islip, New York, profit sharing plan

Date of Action: Feb. 26, 2015

Type of Action: Judgment and Order

Defendant: First Land Title Agency of New York Inc. Profit Sharing Plan

Allegations: The plan was established in January 2002, as a defined contribution plan for employees of the First Land Title Agency of New York Inc. in Central Islip, N.Y. The conviction of Andrew Knee, the plan’s trustee and only fiduciary, on a charge of grand larceny prohibits him from serving as an administrator, officer or fiduciary of any benefit plan covered under the Employee Retirement Income Security Act.