February 4, 2014

Department of Labor obtains consent judgment to restore unremitted employee contributions to retirement and health plans of Sunset Golf

Date of Action:  Feb. 4, 2014

Type of Action:  Consent Order and Judgment

Names of Defendants: Daniel Deighan, Timothy Deighan, Sunset Golf LLC, Revolution Golf LLC, Sunset Golf, LLC 401(k) Employee Retirement Plan, and Sunset Golf LLC Group Health Plan in Loudonville, Ohio.

February 4, 2014

US Labor Department files suit against fiduciary of Weymouth, Mass. profit-sharing plan to recover unremitted employee contributions

Date of Action: January 30, 2014

Type of Action: Complaint

Name of Defendant: Thomas R. Brewer, in his capacity as fiduciary of the Matthewson Corp. Inc. 401(k) Profit Sharing Plan

January 29, 2014

Department of Labor files complaint to recover loss to Cleveland-based Applied Technology Systems Inc. Retirement Plan

Date of Action: Jan. 29, 2014

Type of Action: Complaint

Names of Defendant: Applied Technology Systems Inc.; Clark V. Hayes; and the Applied Technology Systems Inc. Retirement Plan located in Cleveland, Ohio

Allegations: As fiduciaries of the Plan, defendants Applied Technology Systems Inc. and Clark V. Hayes failed to segregate and remit employee contributions and loan repayments and failed to administer the Plan causing six former Applied Technology Systems, Inc. employees to be unable to obtain distributions from their individual accounts since March 2011.

January 27, 2014

EBSA News Release: US Labor Department and Securities and Exchange Commission reach combined $21M in settlements with Western Asset Management [01/27/2014]

WASHINGTON — The U.S. Department of Labor today announced a settlement with Western Asset Management Company, a subsidiary of Legg Mason Inc. This follows investigations, which revealed the purchase of prohibited securities that resulted in losses to the accounts of nearly 100 employee benefit plans and investment funds holding plan assets. The settlement also resolves findings that the company engaged in prohibited cross-trading of securities in the accounts of other retirement plans and funds, which caused additional losses.

January 27, 2014

Perez v. Raymond Orsuto, et. al. US Labor Department obtains consent judgment restoring more than $51,000 to the 401(k) plan of defunct Marlton, NJ, beauty salon and spa

Date of Action: Jan. 17, 2014

Name(s) of Defendant(s): Raymond Orsuto; 800 West Salon Inc.; 800 West Salon Inc. Retirement Savings Plan

Allegations: The department filed a complaint against Raymond Orsuto, 800 West Salon Inc. and the 800 West Salon Inc. Retirement Savings Plan on Aug. 13, 2013, alleging that Orsuto and the company failed to ensure employee contributions to the plan were remitted and remitted on a timely basis from 2007 through 2009.

January 23, 2014

Perez v. Darryl J. Grandy and the Syracuse Lithographing Co. Employees Profit Sharing Retirement Plan in Syracuse, NY

Date of Action: Jan. 21, 2014

Type of Action: Consent order and judgment

Defendants: Darryl J. Grandy and the Syracuse Lithographing Co. Employees Profit Sharing Retirement Plan

January 22, 2014

EBSA News Release: $10M settlement reached with People Care and US Labor Department [01/22/2014]

WASHINGTON — The U.S. Department of Labor today announced a $10 million settlement agreement with People Care Holdings Inc. and former owners Bruce Jacobson and Jerry Lewkowitz, who sold the company to their employees through creation of an employee stock ownership plan. The department contended that they violated the Employee Retirement Income Security Act by permitting the ESOP to purchase People Care stock from them for more than its fair market value.

January 15, 2014

Perez v. Zohouri Group involving failure to administer and terminate the company's 401(k) plan in Alpharetta, Ga.

Date of Action: Jan. 2, 2014

Type of Action: Default Judgment and Order

Names of Defendants: Zohouri Group LLC and Farbod S. Zohouri

January 15, 2014

US Department of Labor sues trustees of Western Steel Erection 401(k) Plan to recover more than $5,000 in retirement benefits

Date of Action: Jan. 14, 2014

Type of Action: Complaint

Names of Defendants: Stephanie J. Jochims and Robert C. Jochims

Allegations: The U.S. Department of Labor has filed suit against Stephanie J. Jochims, the former owner of Western Steel Erection, Inc., and her husband Robert C. Jochims, in an effort to recover $5,167 in employee retirement contributions and loan repayments intended for the Western Steel Erection 401(k) Plan. The company was located in Long Lake, Minn.

January 14, 2014

Trustees of Hico Flex Brass Co. restore more than $79,000 to Machesney Park, Ill., employee retirement plan

Date of Action: Jan. 8, 2014

Type of Action: Consent Order and Judgment

Name of Defendant: Hico Flex Brass Co., Inc., Mark Isaacs, and Neil Isaacs

January 8, 2014

US Department of Labor files suit to recover unpaid contributions to 401(k) plan of West Haven, Conn., contractor

Date of Action: Dec. 5, 2013

Type of Action: Complaint

Name(s) of Defendant: F.V. Zanetti Inc. and Robert Zanetti

January 8, 2014

US Department of Labor obtains consent judgment ordering restoration of almost $53,000 to SIMPLE IRA plan of former Rhode Island day care business

Date of Action: Dec. 12, 2013

Type of Action: Consent Judgment and Order

Name(s) of Defendant: Counseling and Educational Consultants, doing business as Rumford Day Nursery, Inc., and Deborah Very-King

January 2, 2014

US Labor Department sues Bigler, Pa., trucking company to recover employee's contributions and payments to 401(k) plan

Date of Action: Dec. 19, 2013

Name(s) of Defendant(s): David Kephart, Timothy Kephart, Kephart Trucking Co., and the Kephart Trucking Co. 401(k) plan

Allegations: In 1988, trucking company Kephart Trucking Co. in Bigler, Pa., established the Kephart Trucking Co. 401(k) plan for its employees. David Kephart, Timothy Kephart, and the company were plan fiduciaries, responsible for making decisions concerning the remittance of elective contributions to the plan.

December 30, 2013

Department of Labor files complaint to restore losses to the Double D Excavating LLC 401(k) Plan, Health Plan & Dental Plan in Omaha

Date of Action: Dec. 30, 2013

Type of Action: Complaint

Name of Defendant: David E. Doll

December 26, 2013

EBSA News Release: Labor Department files suit to restore losses to the Miller's Health Systems Employee Stock Ownership Plan [12/26/2013]

WARSAW, Ind — The U.S. Department of Labor has filed a lawsuit in U.S. District Court to recover losses to the Miller's Health Systems, Inc., Employee Stock Ownership Plan. The suit alleges that PBI Bank, Inc., the trustee of the plan, authorized the purchase of company stock for $40 million, an amount far in excess of the fair market value of the stock. The suit also alleges that PBI Bank approved financing for the transaction at an excessive interest rate. Miller's Health is a Warsaw-based company that manages long-term care and assisted-living facilities.

December 24, 2013

EBSA News Release: Obama administration proposes adjustments to excepted benefits regulations [12/24/2013]

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury today proposed rules that would adjust regulations under the Health Insurance Portability and Accountability Act of 1996 regarding excepted benefits to include employee assistance programs (EAPs). The proposed rules would also provide added options for employees and employers in connection with the Affordable Care Act.

December 19, 2013

US Department of Labor files suit against Home Valu Inc. and fiduciaries of Employee Health Plans

Date of Action: Dec. 18, 2013

Type of Action: Complaint

Names of Defendants: Gerald Boschwitz, and Thomas Boschwitz, individually and as fiduciaries of the Home Valu Interiors Employee Benefit Plan (Health Plan), Home Valu Interiors Self-Insured Voluntary Dental Plan (Dental Plan), Home Valu, Inc. Group Insurance Plan (Life Insurance Plan), and Home Valu Flexible Reimbursement Plan (Flex Plan)

December 19, 2013

Department of Labor files suits to terminate trustee of Elgin, Ill.-based Sunstrand Electric Co. and distribute benefits to participants

Date of Action: Dec. 16, 2013

Type of Action: Complaint

Names of Defendant: Eugene Aguirre and the Sunstrand Electric Company Inc. Employees 401(k) Profit Sharing Plan and Trust

December 17, 2013

Hawaii contractor to restore more than $460,000 to employee profit-sharing plan

HONOLULU - The U.S. Department of Labor has secured a consent judgment with Aiea-based cement construction and contracting company Reef Development of Hawaii Inc. and its president, Samuel Sanchez Aguirre. An investigation by the department’s Employee Benefits Security Administration established that Aguirre, acting as trustee to the profit-sharing plan, violated the Employee Retirement Income Security Act by mismanaging plan assets, resulting in more than $700,000 in lost principal, plus approximately $303,000 in lost interest.

December 11, 2013

US Labor Department sues Enola, Pa., medical practice to recover lost employee contributions to 401(k) plan

Date of Action: December 9, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Timothy A. Clark, Central Pennsylvania Pulmonary Associates LLC and Central Pennsylvania Pulmonary Associates LLC 401(k) Plan