February 18, 2016

Yardley, Pennsylvania law firm and attorney ordered to restore $50K to 401(k) profit sharing plan following US Labor Department lawsuit

Date of Action:  Feb. 8, 2016

Name(s) of Defendant(s): Richard J. Kwasny
Kwasny & Reilly P.C.
Kwasny & Reilly 401 (k) Profit Sharing Plan

February 11, 2016

US Labor Department secures judgment against fiduciary to the Draeger Construction Inc. employees’ benefits plan in Nevada and California

Date of action:  January 29, 2016

Type of action:  Consent Judgment and Order

Name of defendants: Draeger Construction Inc., Draeger Construction LLC, Draeger Construction Inc. Health and Welfare Plan, and Jeffrey Draeger, an individual

February 1, 2016

US Labor Department files suit against International Association of Machinists’ pension plan, trustees for multiple fiduciary breaches

Date of Action: Jan. 24, 2016

Type of Action: U.S. Department of Labor filed a lawsuit against the International Association of Machinists National Pension Fund and its board of trustees for multiple violations of the Employee Retirement Income Security Act.

January 29, 2016

US Labor Department obtains judgment to pay $1.1M to participants in Gruber Systems Inc. employee stock ownership plan in California

Date of action:  January 28, 2016

Type of action:  Consent Judgment and Order

Name of defendants: Gruber Systems Inc.; Gruber Systems Inc. Employee Stock Ownership Plan; and John Hoskinson, an individual

January 22, 2016

Fiduciary enjoined for permitting prohibited transactions from National Production Workers Union Severance Trust Plan

Date of Action: Jan. 22, 2016

Type of Action: Complaint and Consent Order and Judgment

Names of Defendant: Anthony Monaco, National Production Workers Union Severance Trust Plan

Allegations: From at least Jan, 1, 2010 to April 30, 2015, the trustees of the Oak Brook, Illinois-based National Production Workers Union Severance Trust Plan had appointed Anthony Monaco to serve as Plan Manager of the Severance Plan, in such capacity he served as a fiduciary to the Severance Plan.

January 21, 2016

US Labor Department files lawsuit against Commodity Control Corp. in Florida, to recover losses to ESOP due to overvaluation of the company stock

Date of action: Jan. 20, 2016

Type of action: Complaint

Names of defendants: Commodity Control Corp., David J. Pilger, the estate of William M. Pilger, and Commodity Control Employee Stock Ownership Plan and Trust

January 15, 2016

US Labor Department files lawsuit to recover $80K in missing plan assets from J.E. Keever Mortuary Inc. in Ennis, Texas

Date of Action:  Jan. 15, 2016

Type of Action: U.S. Department of Labor filed a lawsuit against J.E. Keever Mortuary Inc. in Ennis, Texas, and its principal owner to recover $80,000 in missing retirement funds affecting five employees.

Name(s) of Defendant: J.E. Keever Mortuary Inc., David Keever and J.E. Keever Inc.’s SIMPLE IRA Plan.

January 13, 2016

US Labor Department files lawsuit to recover $31K in missing plan assets from TSPA Holding Inc. in Austin, Texas

Date of Action:  Jan. 8, 2016

Type of Action: U.S. Department of Labor filed a lawsuit against TSPA Holding Inc. in Austin, Texas, and its owner to recover $31,000 in missing retirement funds affecting three employees.

Name(s) of Defendant: TSPA Holding Inc., Derlis “Trey” Salinas, and TSPA Holding Inc. 401(k) Profit Sharing Plan.

January 12, 2016

US Labor Department obtains judgment to distribute $1.3M to participants in Ants Software Inc. 401(k) Plan in Dunwoody, Georgia

Date of Action: Jan. 8, 2016

Type of Action: Default Judgment and Order

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

January 5, 2016

Department files suit to force defunct Missouri engineering firm to restore $15K owed to employees' retirement and health care plans

Date of Action: Dec. 30, 2015

Type of Action: Complaint

Name of Defendant: James M. Claxton Jr.

Allegations: An investigation by the U.S. Department of Labor's Employee Benefits Security Administration, Kansas City Regional Office, resulted in the department filing a suit in federal court alleging violations of the Employee Retirement Income Security Act.

January 4, 2016

US Department of Labor files suit to remove fiduciary, terminate defunct Carr Freight Systems Inc. 401(k) Plan in Eagan, Minnesota

Date of Action: Nov. 13, 2015

Type of Action: Filing of a Complaint

Names of Defendant: Carr Freight Systems Inc., Carr Freight Systems Inc. 401(k) Plan

January 4, 2016

US Department of Labor files suit requiring a fiduciary to restore employee contributions to AMI Associates Group Inc. 401(k) Plan in Lyons, Illinois

Date of Action: Dec. 30, 2015

Type of Action: Filing of a Complaint

Names of Defendant: Earl Kaminski, AMI Associates Group Inc. 401(k) Plan

Allegations: From Oct. 1, 2008, to the present, Earl Kaminski was president and sole owner of AMI Associates Group Inc., and exercised authority and control over the management or disposition of the assets of the company's 401(k) plan.

December 30, 2015

US Labor Department obtains consent judgment restoring more than $50K to money purchase plan of Swedesboro, New Jersey, contractor

Date of Action: Dec. 30, 2015

Type of Action: Consent judgment

Names of Defendants: Arthur Azzari, Alex Azzari, John Azzari, Alessio Azzari Inc., and the Alessio Azzari Inc. Prevailing Wage 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 on Dec. 28, 2015, alleging the following:

December 17, 2015

Fiduciary to Syncor LLC Group Health Plan agrees to repay funds that were improperly withheld from employees

Date of action: Dec. 8, 2015

Type of action: Complaint, Consent Judgment and Order

Names of defendants: William W. Bibb and Syncor LLC, doing business as Specprint Group Health Plan

December 16, 2015

Judge issues order of civil contempt against United Associates Lighting Corp., in Matthews, North Carolina, for failing to provide documents

Date of action: Dec. 8, 2015

Type of action: Order of Civil Contempt and Coercive Daily Fine

Names of defendants: United Associates Lighting Corp. and Roscoe Wagoner

December 10, 2015

U.S. Department of Labor obtains default judgment to terminate ThreeSource, Inc. 401(k) Plan, distribute assets to participants

Date of Action: Dec. 9, 2015

Type of Action: Default Judgment

Names of Defendants: Martin R. Bothwell III and ThreeSource Inc. 401(k) Plan

December 8, 2015

US Labor Department files lawsuit to appoint an independent fiduciary to distribute approximately $630,000 from retirement plan in Dewitt, IA

Date of Action: Dec. 4, 2015

Type of Action: Complaint

Name of Defendant: Community Care Inc. 403(b) Retirement Plan in Dewitt, Iowa

December 7, 2015

EBSA News Brief: US Labor Department obtains judgment to recover more than $124,000 in missing retirement contributions from Denver area firm [12/07/2015]

Date of Action: Dec. 3, 2015

Type of Action: Consent Judgment & Order

Name(s) of Defendant: Stewart Environmental Consultants LLC in Fort Collins, Colorado, and owner David Stewart

December 4, 2015

US Labor Department obtains consent judgment to recover more than $500K for 401(k) plan of Largo, Maryland, defense contractor

Date of Action: Dec. 3, 2015           

Type of Action: Consent judgment

Name(s) of Defendant(s): NW Systems Inc., NW Systems Inc. 401(k) profit-sharing plan and trust, and Nathan Williams

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 on Jan. 7, 2015, alleging the following:

December 3, 2015

US Labor Department releases advance copies of 2015 Form 5500 Annual Return/Report

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation today released advance informational copies of the 2015 Form 5500 annual return/report and related instructions.  The “Changes to Note” section of the 2015 instructions highlight important modifications to the Form 5500 and Form 5500-SF: