September 22, 2014

Perez v. Laura M. Prioli and Stephen C. Main involving the failure to remit employee contributions to the 401(k) Plan of Gulf Shores Marina in Florida

Date of Action: Sept. 16, 2014

Type of Action: Complaint

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

September 18, 2014

EBSA News Brief: US Labor Department secures judgment ordering fiduciaries of Connecticut, SIMPLE IRA plan to restore nearly $21k in withheld contributions [09/18/2014]

Date of Action: Sept. 9, 2015

Type of Action: Consent Judgment and Order

Defendants: American Materials Corp. and Donald J. Bercowetz

September 12, 2014

US Labor Department lawsuit seeks removal of plan fiduciary and appointment of independent fiduciary to distribute 401(k) plan assets of defunct Lansdale, Pa., company

Date of Action: Sept. 11, 2014

Type of Action: Complaint

Name(s) of Defendants: Polar Dry Ice Inc. and Polar Dry Ice Inc. 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 the following:

September 12, 2014

US Department of Labor obtains consent judgment requiring former owners of defunct Bigler, Pa., trucking company to restore assets to 401(k) plan

Date of Action: Sept. 10, 2014

Type of Action: Consent order and judgment

Name(s) of Defendant(s): David Kephart, Timothy Kephart, Kephart Trucking Co., and the Kephart Trucking Co. 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 the following:

September 8, 2014

EBSA News Release: ERISA Advisory Council to hold open meeting Monday, Sept. 29 [09/08/2014]

WASHINGTON — An open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will take place Monday, Sept. 29, from 10 a.m. to 5 p.m. EDT. The council will discuss reports and recommendations on the issues of pharmacy benefit manager compensation and fee disclosure, outsourcing employee benefit plan services and facilitating lifetime plan participation.

September 3, 2014

US Department of Labor obtains judgment on behalf of Home Comp. Care Inc. Savings & Retirement Plan in Chicago

Date of Action: Sept. 2, 2014

Type of Action: Consent Order and Judgment

Names of Defendant: Dr. Anthony Alexander, Home Comp. Care Inc. Savings & Retirement Plan

September 2, 2014

US Labor Department files suit to appoint independent fiduciary to distribute welfare benefit plan funds of bankrupt company formerly located in Penn Hills, Pa.

Date of Action: Aug. 29, 2014

Type of Action: Complaint

Name(s) of Defendant(s): World Health Alternatives Inc. and World Health Alternatives Health and Welfare Benefits 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 the following:

September 2, 2014

Judgment orders fiduciaries to restore more than $33,000 to Teletrans Services Inc. Savings and Retirement Plan in Green Bay, Wisconsin

Date of Action: September 2, 2014

Type of Action: Consent Order and Judgment, U.S. District Court for the Eastern District of Wisconsin, Green Bay Division

Names of Defendant: Jane E. Lehman, Teletrans Services Inc., and Teletrans Services Inc. Savings and Retirement Plan

September 2, 2014

U.S. Department of Labor files suit to restore losses to Indianapolis-based AIT Laboratories Employee Stock Ownership Plan

Date of Action: Aug. 29, 2014

Type of Action: Complaint

Names of Defendant: Perez v. PBI Bank Inc., Michael A. Evans, and AIT Laboratories Employee Stock Ownership Plan

Allegations: The suit alleges that the Plan’s trustee, PBI Bank Inc. and the plan sponsor’s Chief Executive Officer, Dr. Michael A. Evans, authorized the purchase of company stock for $90 million, an amount far higher than the stock’s fair market value. 

August 27, 2014

EBSA News Release: Independent fiduciary appointed for abandoned benefit plan after US Labor Department suit [08/27/2014]

NEW YORK — The U.S. District Court for the Southern District of New York has appointed an independent fiduciary to administer an abandoned pension benefit plan, resolving a lawsuit filed by the U.S. Department of Labor.

August 27, 2014

Independent fiduciary appointed for abandoned benefit plan after US Labor Department suit

NEW YORK – The U.S. District Court for the Southern District of New York has appointed an independent fiduciary to administer an abandoned pension benefit plan, resolving a lawsuit filed by the U.S. Department of Labor.

August 26, 2014

EBSA News Release: Keene, Texas, business owner sued by US Labor Department for more than $160K in missing retirement contributions [08/26/2014]

WASHINGTON — The U.S. Department of Labor has sued Kelly Bailey, owner of SCK Management Services Inc., doing business as PROS Rehabilitation, in an effort to recover approximately $136,484 in missing employee retirement contributions and approximately $24,464 in losses from appreciation accruing on those missing funds. The department's lawsuit, filed in U.S.

August 20, 2014

EBSA News Release: Labor Department requests information on use of brokerage windows in 401(k) plans [08/20/2014]

WASHINGTON — The U.S. Department of Labor today published a request for information on the use of brokerage windows, self-directed brokerage accounts and similar features in 401(k)-type plans. The RFI will appear in the Aug. 21 edition of the Federal Register and can also be viewed at https://federalregister.gov/a/2014-19832.

August 20, 2014

More than $59,300 to be restored to Nickson’s Machine Shop 401(k) Savings Plan in Santa Maria, Calif. under consent judgment obtained by US Labor Department

Date of Action: July 29, 2014

Type of Action: Consent Judgment and Order

Names of Defendants: Nickson’s Machine Shop Inc.; Dennis W. Leal; Nickson’s Machine Shop 401(k) Savings Plan

August 19, 2014

Judgment orders fiduciaries to restore more than $59,000 to Connor Companies Health and Welfare Plan in Laona, Wisconsin

Date of Action: July 8, 2014

Type of Action: Consent Order and Judgment

Name of Defendant: Peter Connor, Gordon Connor, WD Flooring LLC, Nicolet Hardwoods Corporation and the Connor Companies Health and Welfare Benefit Plan

Allegations: On April 29, 2014, the U.S. Department of Labor filed suit against Peter Connor, Gordon Connor, WD Flooring LLC, Nicolet Hardwoods Corporation and Connor Companies Health and Welfare Benefit Plan, a self-funded health plan, in the U.S. District Court for the Eastern District of Wisconsin.

August 19, 2014

Judge appoints independent fiduciary to distribute assets of Universal Custom Process Inc. 401(k) Plan in Toledo, Ohio

Date of Action: Aug. 4, 2014

Type of Action: Consent Order and Judgment

Names of Defendants: John W. Hufgard, Universal Custom Process Inc. 401(k) Retirement Plan 

August 19, 2014

US Department of Labor files suit to appoint independent fiduciary to distribute assets of I.Q. Marketing Inc. 401(k) Plan in Minneapolis

Date of Action: Aug. 18, 2014

Type of Action: Complaint

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

Allegations: An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration found that Janet Finken and I.Q. Marketing, Inc., fiduciaries of the I.Q. Marketing Inc. 401(k) Plan failed to administer the plan since Jan. 17, 2014.  The company ceased operations in August 2012 and involuntarily dissolved by the State of Minnesota on Aug. 1, 2012.

August 18, 2014

Court orders default judgment requiring fiduciary to restore losses to Storrow Kinsella Associates Inc. SIMPLE IRA Plan in Indianapolis

Date of Action: Aug. 11, 2014

Type of Action: Default Judgment

Names of Defendant: Margaret T. Storrow, as a fiduciary to the Storrow Kinsella Associates Inc. SIMPLE IRA Plan, Storrow Kinsella Associates Inc., and Storrow Kinsella Associates Inc. SIMPLE IRA Plan.

August 14, 2014

US Labor Department obtains judgment restoring nearly $13,000 in employee contributions to SIMPLE IRA of Bristol, Va., company

Date of Action: July 31, 2014

Name(s) of Defendant(s): Rebecca Bellamy; American Home Care LLC; and American Home Care LLC SIMPLE IRA 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:

The defendants failed to ensure elective employee contributions to the plan were remitted on a timely basis. The amount of restitution owed to the plan participants was determined to be $12,713.07, which includes interest for lost opportunity costs.

August 14, 2014

US Labor Department files suit to restore employee contributions to 401(k) plan of Manassas, Va., construction company

Date of Action: July 29, 2014

Name(s) of Defendant(s): Gregory Ridge; Ridge & Long Limited Co.; and Ridge & Long Limited Co. 401(k) profit sharing plan & trust 

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: