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Employee Benefits Security Administration
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EBSA News Brief

U.S. Department of Labor
Office of Public Affairs
Philadelphia, Pa.
Release Number: EBSA 11-159

For Immediate Release: December 14, 2011
Contact: Joanna Hawkins or Leni Uddyback-Fortson
Phone: 215-861-5101 / 215-861-5102
E-mail: Hawkins.joanna@dol.gov / Uddyback-fortson.lenore@dol.gov

Solis v. Robert Lewis Berkopec, McIntyre Construction Inc. and McIntyre
Construction Inc. 401(k) plan
Default judgment against Virginia Beach, Va., company to protect workers’ 401(k) assets

Date of Action: Dec. 5, 2011

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

Allegations: In 2006 McIntyre Construction Inc., a Virginia Beach, Va.,-based company, established a 401(k) plan for its employees.  An investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration found that the company failed to remit employee contributions to the plan from 2006 through 2009, and used the money to fund corporate operations and pay other creditors.

Resolution: A default judgment has been issued by a federal court against McIntyre Construction Inc.  requiring $17,089 to be restored to the Virginia Beach construction company’s 401(k) plan. The company's vice president, Robert Berkopec, previously entered into a consent judgment for the same amount.  Both defendants are permanently barred from serving as fiduciaries to any plan governed by the Employee Retirement Income Security Act. Under the consent judgment, an independent fiduciary was appointed to administer and manage the plan assets.

Court: United States District Court for the Eastern District of Virginia

Docket Number: 1:11-cv-273

U.S. Department of Labor materials are accessible at www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.