CHICAGO – The U.S. Department of Labor has sued now defunct Family Care Management of Northbrook and trustees Robert Kaplan, Michael Kaplan and Arnold Kaplan for allegedly failing to administer and terminate the company’s 401(k) and profit-sharing plan in violation of the Employee Retirement Income Security Act.  This situation has prevented qualified participants from obtaining distributions of their individual account balances since the company ceased operations in 2007.  At that time, the plan had 15 participants and assets totaling $124,236.

JANESVILLE, Wis. – The U.S. Department of Labor has obtained a consent judgment and court order requiring Janesville-based Premier Vending Inc. and David R. Biggerstaff, the president and former owner of the company, to restore a total of $31,204.46 in voluntary employee contributions plus lost interest to the company’s 401(k) plan. The judgment, entered in U.S. district court in Madison, resolves a lawsuit filed by the department for violations of the Employee Retirement Income Security Act.

BOSTON – The U.S. Department of Labor has sued David Sisti, the named trustee of the Equity Concepts Inc. Profit Sharing and 401(k) Plan of Cranston, R.I., for failure to remit employee contributions to the plan, in violation of the federal Employee Retirement Income Security Act.

Equity Concepts Inc. ceased operations in early 2008 and is the subject of a voluntary receivership in Rhode Island superior court.  The retirement plan was funded solely by employee contributions.

Date of Action:  March 31, 2011
Type of Action:  Default Judgment and Order
Name(s) of Defendant:  Metro Mechanical Systems, Inc. and William R. Tucker
Allegations:  The defendants failed to respond to the U.S. Department of Labor’s Complaint

ATLANTA – The U.S. Department of Labor is suing CSG Group, and the company’s owner, Thomas Wimberly, for violating the Employee Retirement Income Security Act and to restore losses suffered by participants and beneficiaries of the company’s 401(k) profit sharing plan.

WASHINGTON – The U.S. Department of Labor today announced it is soliciting public comments to assist in determining whether and possibly how to expand or modify current rules regarding the electronic distribution of employee benefit plan information. Plan information, such as quarterly account statements, is required to be disclosed under the Employee Retirement Income Security Act, which is enforced by the department’s Employee Benefits Security Administration.

DOVER, Del. – The U.S. Department of Labor has obtained a consent judgment from the U.S. District Court for the District of Delaware ordering David Owen, the former president of defunct Owen Printing Dover Inc., to pay $4,640 in restitution and interest to the company’s 401(k) plan.

COLUMBUS, Ind. – A federal district court in Indianapolis has ordered Hoosier Foot & Ankle LLC, a non-surgical foot and ankle care business in Columbus, and owner Patrick DeHeer to repay $18,000 in employee contributions and lost opportunity costs to the participants and beneficiaries of the company’s 401(k) profit-sharing plan. The order and a consent judgment were obtained by the U.S. Department of Labor, resolving a lawsuit it filed alleging violations of the Employee Retirement Income Security Act.

BAY CITY, Mich. – Independent Bank has agreed to restore a combined $87,000 to the Richard P. Payea M.D., P.C. Money Purchase Plan and the Richard P. Payea M.D., P.C. Profit Sharing Plan as part of the settlement of a lawsuit filed by the U.S. Department of Labor against the bank for alleged violations of the Employee Retirement Income Security Act. The bank also has been assessed $8,700 in civil money penalties.

VIRGINIA BEACH, Va. − The U.S. Department of Labor has sued McIntyre Construction Inc. of Virginia Beach and its vice president, Robert Berkopec, for failing to remit employee contributions to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act.

The lawsuit alleges that the defendants failed to remit employee contributions to the plan from 2006 through 2009, and used the money to fund corporate operations and pay other creditors.

MERRILLVILLE, Ind. – The U.S. Department of Labor has sued Family Mobile Medical Services Inc. of Merrillville and owner Ben Richmond to restore $8,965.94 in voluntary employee contributions plus interest to the company’s retirement plan. The case resulted from an investigation by the Labor Department’s Employee Benefits Security Administration into alleged violations of the Employee Retirement Income Security Act.

TACOMA, Wash. – The U.S. Department of Labor has obtained a default judgment ordering Vincent’s Apartment Washer Service Inc. and its former owner and president, Keith D. Vincent, to restore $16,939 to the company’s savings incentive match plan for employees.

PHILADELPHIA — The U.S. Department of Labor has obtained a default judgment appointing an independent fiduciary to manage the employee retirement savings plan of defunct Janbridge Inc., formerly located in Philadelphia.

Under the judgment, entered in the U.S. District Court for the Eastern District of Pennsylvania, Metro Benefits Inc. of Pittsburgh was appointed as the independent fiduciary with authority to manage the plan, distribute assets to plan participants and beneficiaries, and terminate the plan.

MERRIVILLE, Ind. – The U.S. Department of Labor has sued Subspecialty Centers of America LCC in Merriville and the defunct company’s owner, Mark S. Weinberger, for allegedly failing to administer and terminate the Subspecialty Centers of America LCC 401(k) Plan and Trust in violation of the Employee Retirement Income Security Act.

NEW YORK – The U.S. Department of Labor has obtained a court order appointing an independent fiduciary to manage the abandoned 401(k) plan of Swigonski Management Group, formerly located in Sherrill.

MIAMI – The U.S. Department of Labor has obtained a consent judgment that restores more than $107,775 to participants in the Miami-based Michigan Drill Corp. Profit Sharing Plan.

LOS ANGELES – The U.S. Department of Labor has sued USA Star Healthcare Group - East Los Angeles Inc. and executives of ElaStar Community Hospital for failure to remit and timely forward employee contributions and loan repayments to the hospital’s retirement plan in violation of the Employee Retirement Income Security Act. The company also operated under the name ElaStar Community Hospital.

BURNSVILLE, Minn. – A federal district court in Minneapolis has ordered Larry Lauterbach, the president and former owner of Slate Cement Inc., a defunct Burnsville construction company, to restore $17,273.18 in unremitted employee contributions and lost opportunity costs to the company's health and dental plan, and $747.20 in unremitted employee contributions to the company's 401(k) plan.

BOSTON – The U.S. Department of Labor has sued Stephen Thomas, individually and as trustee of the defunct Gagne Precast Concrete Products Inc. Employee Stock Ownership Plan, for alleged violations of the Employee Retirement Income Security Act that cost the plan millions of dollars in losses. ERISA is the federal law that protects the assets and participants of private sector employee benefit plans.

MENTOR, Ohio – The U.S. Department of Labor has sued the trustee of the North Coast Wood Products Profit Sharing Plan, Harry Fishleigh III, for improperly transferring $96,837.63 in plan assets to his son, Steven Fishleigh, in violation of the Employee Retirement Income Security Act.