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EBSA News Brief

For Immediate Release: August 20, 2012
Contact: Scott Allen or Rhonda Burke
Phone: 312-353-6976 or 312-353-4807
E-mail: allen.scott@dol.gov or burke.rhonda@dol.gov
Release Number: EBSA 12-18-CHI

US Labor Department investigation results in funds being restored to
Family Mobile Medical Retirement Plan in Merrillville, Ind.

Date of Action: Aug. 10, 2012

Type of Action: Consent order and judgment

Names of Defendant: Ben Richmond, Family Mobile Medical Services, Inc., and the Family Mobile Medical Retirement Plan

Allegations: Richmond and Family Mobile Medical Services, Inc., in their capacity as fiduciaries to the Family Mobile Medical Retirement Plan, failed to ensure that $8,965.94, in employee contributions for the period of April 1, 2008, through Dec. 31, 2008, were forwarded to the plan.

Resolution: Prior to the execution of the consent judgment and order, Richmond and Family Mobile provided the Secretary of Labor with proof that they restored plan contributions to those plan participants who were employees of Family Mobile and had voluntary employee contributions withheld from their pay for contribution to the plan from April 1, 2008, through Dec. 31, 2008.

Richmond and Family Mobile remain liable to the Plan for $261.13 in principal and $644.68 in lost opportunity costs.  The court ordered Richmond and Family Mobile to restore $905.81 directly to the effected plan participants within seven days after entry of the consent judgment.

Richmond and Family Mobile are also permanently enjoined from serving or acting as a fiduciary or service provider with respect to any employee benefit plan subject to the Employment Retirement Income Security Act.

Court: Northern District of Indiana, Hammond Division, Hammond, Ind.

Docket Number: 2:11 CV 105

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.