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.

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.

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.

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.

Date of Action: Dec. 5, 2011

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

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.

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.

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.

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.

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced two proposed rules under the Affordable Care Act to protect businesses and workers whose health benefits are provided through a multiple employer welfare arrangement. MEWAs frequently have been used by scam artists and criminals to defraud consumers, resulting in an inability to pay medical claims. When such MEWAs become insolvent, they may leave consumers with substantial unpaid medical bills.

Date of Action:  Nov. 10, 2011

Type of Action:  Consent order and judgment

Names of Defendant: Family Care Management Plan and Michael Kaplan.

Allegations:  The lawsuit, filed in U.S. district court in Chicago, alleged that Family Care Management and trustee Michael Kaplan, failed to properly administer and terminate the company’s plan, which has prevented qualified participants from obtaining distributions of their individual account balances.

WEEHAWKEN, N.J. – The U.S. Department of Labor has sued Weehawken-based Worldwide Trade Resources Inc. for failing to administer and terminate the defunct company’s 401(k) plan, in violation of the Employee Retirement Income Security Act. As of Jan. 31, the plan had 52 participants and assets totaling $2.2 million, the latest data available.

Date of Action:  Oct. 25, 2011

Type of Action:  consent judgment and order

Names of Defendants: Frank Mitacek III, Susan Mitacek, and the Frank’s International, Inc. 401(k) Plan. 

Allegations: The defendants breached the fiduciary duties under ERISA by failing to remit, and remit timely, employee contributions and participant loan payments to the plan, causing losses to the plan of $21,853.91, including lost-opportunity costs. 

Date of Action:  Nov. 8, 2011

Action: Consent order and judgment

Names of Defendants:  Christina Metzler, Westside Cabinet & Millwork Savings Incentive Match Plan for Employees Individual Retirement Accounts Plan located in Madison, Wis.

Allegations: Christina Metzler was the treasurer of Westside Cabinet and Millwork Inc., and fiduciary of the Westside Cabinet & Millwork SIMPLE IRA Plan, which was established in 1997.

LOS ANGELES – Two former corporate officers of an East Los Angeles community hospital have been ordered to repay $600,692 plus post-judgment interest to the ElaStar Community Hospital Retirement Savings Plan, according to the terms of a consent judgment and order filed in the U.S. District Court for the Central District of California’s Southern Division.

Date of Action: Oct. 27, 2011

Type of Action: Consent order and judgment

Name(s) of Defendant: Joseph R. Kvidera, individually and as a fiduciary to the Procedo, Inc. 401(k) Profit Sharing Plan a/k/a the Procedo, Inc. 401(k) & Profit Sharing Plan.

Date of Action: Oct. 27, 2011

Type of Action: Complaint

Names of Defendant: James T. Ledford, Davis Equipment Sales & Service, Inc., and the Davis Equipment Sales & Service, Inc., Savings Incentive Match Plan for Employees Individual Retirement Accounts Plan located in Salem, Ind.

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration has released a Securities and Exchange Commission staff no-action letter relating to EBSA's participant-level fee disclosure regulation and Rule 482 under the Securities Act of 1933. The letter states that information required by and that complies with the fee disclosure regulation that is provided by a plan administrator, or designee, to plan participants or beneficiaries will be treated as a communication that satisfies the requirements of Rule 482.

Date of Action:  Sept. 30, 2011

Type of Action:  Consent judgment and order

Name(s) of Defendant: Otorhinolaryngology Associates, P.C., Otorhinolaryngology Associates, P.C. Profit Sharing Plan, and Dr. Rickey Gene Love

NASHVILLE, Tenn. – The U.S. Department of Labor’s Employee Benefits Security Administration and the Tennessee Department of Commerce and Insurance will co-host a free health law compliance assistance seminar from 8:30 a.m. to 5 p.m. CDT on Tuesday, Oct. 25, and Wednesday, Oct. 26. The event will be held at the Scarritt–Bennett Center, located at 1008 S. 19th Ave., Nashville, Tenn. 37212.