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EBSA News Brief

Office of Public Affairs Philadelphia PA
For Immediate Release: April 10, 2014
Contact: Joanna Hawkins or Leni Uddyback-Forston
Phone: (215) 861-5101 or (215) 861-5102
E-mail: hawkins.joanna@dol.gov or uddyback-fortson.lenore@dol.gov
Release Number: EBSA 14-021

Perez v. Nyanjom, et al., involving consent judgment of Columbia, Md., medical provider

Date of Action: April 8, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): David O. Nyanjom, Laura Nyanjom, Pulmonary Disease & Critical Care Associates, P.A and Pulmonary Disease & Critical Care Associates, P.A. 401(k) 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 alleging as follows:

David O. Nyanjom is the sole owner of Pulmonary Disease & Critical Care Associates, P.A. (PDCCA), a medical practice located in Columbia, Md.

In 1998, PDCCA established the Pulmonary Disease & Critical Care Associates, P.A. 401(k) plan. Patuxent Hospitalists LLC (also owned by David O. Nyanjom) also had employees who participated in this plan. David O. Nyanjom and Laura Nyanjom were responsible for making decisions concerning the remittance of elective contributions to the plan and were fiduciaries to the plan.

David Nyanjom and Laura Nyanjom failed to ensure that employee contributions and loan repayments were remitted to and collected by the plan in a timely manner.

Resolution: The court ordered that the defendants make restitution to the plan in the amount of $66,474.02 for unremitted employee contributions and loan repayments, $66,392.57 in pre-judgment interest, and $9,750 for costs and expenses associated with the appointment of an independent fiduciary, for a total of $142,616.59. The defendants were removed as fiduciaries to this plan and will be permanently barred from ever serving as fiduciaries to any plan governed by the Employee Retirement Income Security Act.

Court: United States District Court for the District of Maryland

Docket Number: 1:13-cv-01909-CCB

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.