July 9, 2015

EBSA News Brief: US Department of Labor files lawsuit to appoint an independent fiduciary for Ants Software Inc. abandoned 401(k) Plan in Dunwoody, Georgia [07/09/2015]

Date of Action: July 2, 2015

Type of Action: Complaint

Name of Defendants: Rik Sanchez, Ants Software Inc., and Ants Software Inc. 401(k) Plan

July 7, 2015

Defendants to restore nearly $37K to SIMPLE plan of Philadelphia public accounting firm following US Labor Department lawsuit

Date of Action: July 1, 2015

Name(s) of Defendant(s): Howard Lapensohn; Lapensohn Accounting Professionals LLC; and Lapensohn Accounting Professionals LLC SIMPLE 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:

July 6, 2015

EBSA News Release: US Labor Department solicits nominations for 2016 ERISA Advisory Council [07/06/2015]

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration is soliciting nominations to fill five, 3-year vacancies on the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council. The deadline to submit nominations is July 31.

June 30, 2015

Dover, Delaware, agricultural company and president sued to restore employee and employer contributions to retirement plan

Date of Action: June 29, 2015

Name(s) of Defendant: Thomas Cullen, Thomas E. Moore Inc., and Thomas Moore/Video Scene of Delaware 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 following:

June 29, 2015

Department of Labor files suit to recover over $200K for the Applied Technology Systems Inc. Retirement Plan in Cleveland, Ohio

Date of Action: June 24, 2015

Type of Action: Filing of a Complaint in the U.S. District Court for the Northern District of Ohio

Names of Defendants: Applied Technology Systems Inc., Clark W. Hayes, Applied Technology Systems, Inc. Retirement Plan

June 22, 2015

EBSA News Brief: Employee retirement funds restored, $106K [06/22/2015]

Date of Action: June 16, 2015

Type of Action: Consent Judgment

Name of Defendant: The Estate of Richard Talley and American Title Services Retirement Trust

Allegations: Based on an investigation conducted by the U.S. Department of Labor's Employee Benefit Security Administration regarding a complaint filed on June 27, 2014 alleging:

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 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 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

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 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 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 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 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

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 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 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