February 3, 2012

US Labor Department sues Towson Rehabilitation Center in Maryland and owner to restore employees’ 401(k) contributions

TOWSON, Md. The U.S. Department of Labor has filed a lawsuit against Towson Rehabilitation Center LLC and chief executive officer Howard Neels for failing to remit employees’ contributions to the company’s 401(k) plan, in violation of the Employee Retirement Income Security Act.

February 2, 2012

US Labor, Treasury Departments act to enhance retirement security for an America built to last

WASHINGTON – Following President Obama’s State of the Union address, in which he proposed a blueprint for an American economy built to last, the U.S. Departments of Labor and the Treasury today announced two executive actions designed to help enhance security for millions of Americans saving for retirement. The measures will expand transparency in the 401(k) plan marketplace and broaden the availability of retirement plan options so that Americans can maximize their ability to save responsibly and securely.

February 1, 2012

Solis v. Frederick Zurn, et. al., involving judgment for the recovery of $18,437 to Erie Copy Products Inc. 401(k) profit sharing plan, Erie, Pa.

Date of Action: Jan. 20, 2012

Type of Action: Consent judgment and order

Name(s) of Defendant(s):  Frederick Zurn, president and plan trustee; Marian M. Zurn, vice president; Erie Copy Products, Inc., company and plan administrator; and Erie Copy Products Inc. 401(k) Profit Sharing Plan

January 25, 2012

US Labor Department obtains court-appointed independent fiduciary for 401(k) plan of defunct Westerly, RI, company

PROVIDENCE, R.I. – The U.S. Department of Labor has obtained a court judgment and order appointing an independent fiduciary to manage the 401(k) plan of defunct BlueSky Brands Inc. of Westerly, R.I. The judgment and order resolve a lawsuit filed by the Labor Department against the company for violations of the Employee Retirement Income Security Act.

January 23, 2012

US Labor Department recovers nearly $300,000 in retirement assets for employees of former Integra Engineering in Sterling Heights, Mich.

DETROIT – The U.S. Department of Labor has obtained a default judgment removing Intelec Inc., formerly known as Integra Engineering Inc. in Sterling Heights, from its position as fiduciary of the Integra Engineering Inc. Employees 401(k) Plan. The default judgment, entered in the U.S. District Court for the Eastern District of Michigan in Detroit, allows the plan’s known assets of $299,598.84 to be distributed to its 23 participants as required by the Employee Retirement Income Security Act.

January 23, 2012

Solis v. Jerry Craig, Sr. involving Spectrum Financial Group, Inc. 401(k) Profit Sharing Plan in Scottsdale, Ariz., alleging unremitted and delinquent employee contributions

Date of Action: December 21, 2011

Type of Action: Complaint

Names of Defendants: Jerry Craig, Sr.; Pattie Craig; Spectrum Financial Group, Inc.; Spectrum Financial Group, Inc. 401(k) Profit Sharing Plan

January 19, 2012

US Department of Labor sues former CEO of Charlotte, NC, Web development company to restore more than $100,000 to 401(k) plan

CHARLOTTE, N.C. – The U.S. Department of Labor is suing Garrison Enterprises’ former chief executive officer and chairman of the board, Cameron Garrison, to restore $103,481.37 to the Web development company’s 401(k) pension plan. The lawsuit follows an investigation by the department’s Employee Benefits Security Administration that found employees’ contributions to the 401(k) plan had been commingled with the general assets of the company, a violation of the Employee Retirement Income Security Act.

January 12, 2012

Employee Benefits Security Administration publishes 2011 Form M-1 for multiple employer welfare arrangements

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced the availability of the 2011 Form M-1 annual report for multiple employer welfare arrangements. MEWA administrators may use EBSA's online filing system to expedite processing of the form.

January 12, 2012

Austin, Texas-based HBMG to restore workers' 401(k) contributions

AUSTIN, Texas — The U.S. Department of Labor has obtained a consent judgment and order resolving a lawsuit against Austin-based HBMG Inc. and Manuel Zarate, the company's president. The suit alleged that the defendants violated the Employee Retirement Income Security Act.

January 11, 2012

US Labor Department recovers more than $114,000 for profit-sharing plan of defunct Mentor, Ohio, company

CLEVELAND – The U.S. Department of Labor has obtained a consent order and judgment requiring Harry Fishleigh III, president and part owner of defunct North Coast Wood Products Inc. in Mentor, to restore a total of $114,176.86 to the company’s profit-sharing plan, for which he was the trustee. The order and judgment, entered in the U.S. District Court for the Northern District of Ohio in Cleveland, resolve a lawsuit filed by the department alleging violations of the Employee Retirement Income Security Act.

January 9, 2012

Bethlehem, Pa., company agrees to restore more than $34,300 to employee 401(k) plan following US Labor Department lawsuit

BETHLEHEM, Pa. — The U.S. District Court for the Eastern District of Pennsylvania has approved a consent judgment and order to restore $34,310 in plan assets to the employee 401(k) plan of Monocacyfabs Inc. in Bethlehem. The action resolves a lawsuit filed by the U.S. Department of Labor against the company and plan trustees Michael Poole and Jean Shipley.

January 6, 2012

US Labor Department recovers more than $51,000 in retirement assets for Integrity Builders Inc. 401(k) Safe Harbor Plan in Lincoln, Neb.

Date of Action:  Dec. 22, 2011

Type of Action:  Complaint and Consent Judgment

Names of Defendant: Paul W. Andringa and Integrity Builders, Inc., individually and as fiduciaries to the Integrity Builders, Inc. 401(k) Safe Harbor Plan and the Integrity Builders, Inc. 401(k) Safe Harbor Plan.

January 5, 2012

Department of Labor files suit to recover funds for Kurt Ver Helst DC Employee Stock Ownership Plan in Ames, Iowa

Date of Action:  Dec. 29, 2011

Type of Action:  Complaint for breach of the Employment Retirement Investment Security Act and Injunctive Relief

Names of Defendants: Kurt Ver Helst, D.C., P.C., an Iowa Corporation; Kurt Ver Helst individually and as a fiduciary to the Kurt Ver Helst DC Employee Stock Ownership Plan; Mark Eldridge, individually and as a service provider to the Kurt Ver Helst DC Employee Stock Ownership Plan; and the Kurt Ver Helst DC Employee Stock Ownership Plan, an employee benefit plan.

December 19, 2011

US Labor Department sues defunct Goldsboro, NC, company and corporate officers to recover more than $20,000 for employee benefit plans

GOLDSBORO, N.C. – The U.S. Department of Labor is suing Jeffreys Seed Co. and its corporate officers to restore $20,324.08 in employee contributions to the defunct Goldsboro company’s employee pension and health plans. The department’s lawsuit resulted from an investigation by its Employee Benefits Security Administration that revealed violations of the Employee Retirement Income Security Act by the company, its president, Edward Taylor Jeffreys, and its corporate secretary, James T. Jeffreys III.

December 19, 2011

Trustee of 2 defunct Maine employee stock ownership plans agrees to restore total of $300,000 and resign as fiduciary

BOSTON – Stephen Thomas, individually and as a trustee of the Gagne Precast Concrete Products Inc. Employee Stock Ownership Plan, has agreed to restore $225,000 to the Gagne ESOP and take other corrective action to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the Employee Retirement Income Security Act. In a concurrent voluntary settlement agreement with the department, Thomas has agreed to pay $75,000 to the Frank L. Woodworth Inc. Employee Stock Ownership Plan, for which he also was a trustee.

December 14, 2011

Solis v. Robert Lewis Berkopec, McIntyre Construction Inc. and McIntyre Construction Inc. 401(k) plan

Date of Action: Dec. 5, 2011

Name(s) of Defendant(s): Robert Lewis Berkopec and McIntyre Construction Inc.

December 7, 2011

Solis v. Gary L. Goble and Stephens’ Drugs Inc. involving unremitted employee contributions

Date of Action:  November 28, 2011

Type of Action:  Civil Complaint & Consent Order and Judgment

Names of Defendants: Gary L. Goble, Stephens’ Drugs Inc. and the Stephens’ Drugs 401(k) Retirement Plan located in Louisville, Ky.

December 7, 2011

Merrill Lynch agrees to restore more than $170,000 to settle with US Labor Department over allegations of pension plan misconduct in Alabama

MONTGOMERY, Ala. – Merrill Lynch, Pierce, Fenner & Smith Inc. has settled allegations made by the U.S. Department of Labor that the company and one of its employees violated the Employee Retirement Income Security Act by failing to prevent the fiduciaries of pension plans of two Alabama-based companies from engaging in prohibited transactions. The out-of-court settlement requires Merrill Lynch to restore a total of $170,854 to the plans and provide additional training to its investment advisers serving as fiduciaries of employee benefit plans.

December 6, 2011

US Labor Department investigation results in former Alabama computer device maker being ordered to restore more than $114,000 to pension plan

MONTGOMERY, Ala. – A federal court has removed Amtren Corp. and former president Charles Kirk Lamberth as fiduciaries from the Amtren Corp. Profit Sharing Plan and ordered them to restore $114,255 to the defunct company’s pension plan after an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration found evidence of an improper loan that violated provisions of the Employee Retirement Income Security Act.

December 5, 2011

Solis v. Truck It, Inc, Default Judgment orders Steven R. Ligon, and Employee Benefits Plan of Truck It, Inc. to restore $26,288 to employee benefit plan

Date of Action: November 30, 2011

Type of Action: Default Judgment

Name(s) of Defendant: Truck It, Inc., Steven R. Ligon, individually and as a fiduciary to the Employee Benefits Plan of Truck It, Inc.; and the Employee Benefits Plan of Truck It, Inc.