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Employee Benefits Security Administration
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EBSA News Brief

Chicago IL Office of Public Affairs
For Immediate Release: May 22, 2013
Contact: Scott Allen or Rhonda Burke
Phone: 312-353-6976 or 312-353-4807
Email: allen.scott@dol.gov or burke.rhonda@dol.gov
Release Number: EBSA-CHI-13-18

Court orders default judgment requiring fiduciary to restore losses to
TS Randall Company LLC Retirement Savings Plan in Columbus, Ohio

Date of Action: May 20, 2013

Type of Action: Default Judgment

Names of Defendant: Tracy S. Randall, as a fiduciary to the TS Randall Company LLC Retirement Savings Plan, TS Randall Company LLC and the TS Randall Company LLC Retirement Savings Plan.

Allegations: Randall, in his capacity as a plan fiduciary, failed to remit $3,833.47, and failed to timely remit $27,649.32, in participant contributions and participant loan payments, to the plan. By failing to remit the amounts to the plan, Randall allowed these funds to remain part of the company's general assets and used for business expenses.  The company ceased business operations in August of 2011. 

Resolution: The judgment requires Randall and the company to restore $5,013.99, to the plan representing $3,833.47 in unremitted participant contributions and participant loan payments and $1,180.52 in interest on the unremitted and untimely remitted participant contributions and participant loan payments.  The judgment further requires that Randall be permanently enjoined from serving as a fiduciary or service provider to any ERISA-covered plan.  

Court: United States District Court Southern District of Ohio, Eastern Division, Columbus, Ohio

Case: Seth D. Harris, Acting Secretary of Labor, Successor to Hilda L. Solis, United States Department of Labor v. Tracy S. Randall, TS Randall Company LLC and TS Randall Company LLC Retirement Savings Plan

Docket Number: 2:12-cv-00920

For help with problems related to private sector retirement and health plans, employers and workers can reach EBSA’s toll-free at 866-444-3272. Additional information about the agency can be found at www.dol.gov/ebsa.

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.