May 13, 2014

US Labor Department files suit to appoint independent fiduciary to distribute assets of Tincher Chevrolet Oldsmobile 401(k) Plan in Plattsmouth, Neb.

Date of Action: May 8, 2014

Type of Action: Complaint

Names of Defendant: Mark Tincher, Tincher Chevrolet Oldsmobile 401(k) Plan

Allegations: An investigation by the Employee Benefits Security Administration found that Tincher, who was trustee and sole owner of the company, failed to administer the plan and provide written authorization to allow distribution or rollover of the plan’s participant accounts after Tincher Chevrolet Oldsmobile ceased operations in July 2011.

The Plan has assets of $183,146.48 and five eligible participants.

May 9, 2014

Judge orders independent fiduciary to terminate employee benefit plan of Clifford Replacement Windows & Siding and distribute assets

Clifford Replacement Windows & Siding and distribute assets

Date of Action: April 9, 2014

Type of Action: Consent Judgment

Names of Defendant: Timothy J. Clifford, Jr., Patrick D. Clifford, Clifford Replacement Windows & Siding, Inc., CRW Inc. 401(k) Plan in Mount Prospect, Ill.

May 7, 2014

US Department of Labor files suit to recover more than $33,000 for employment benefits plan of Remodel King Construction in Rapid City, SD

Employment Benefits Plan of Remodel King Construction in Rapid City, SD

Date of Action: May 6, 2014

Type of Action: Complaint

Names of Defendant: Remodel King Construction Inc., Scott D. Sogge, Remodel King Construction Inc. SARSEP Plan

May 6, 2014

US Department of Labor obtains consent judgment ordering trustees of Western Steel Erection 401(k) Plan to restore more than $5,900 in benefits

Western Steel Erection 401(k) Plan to restore more than $5,900 in benefits

Date of Action: May 6, 2014

Type of Action: Consent Judgment and Order

Names of Defendant: Stephanie J. Jochims and Robert C. Jochims

Allegations: The U.S. Department of Labor has obtained a consent judgment ordering Stephanie J. Jochims, the former owner of Western Steel Erection, Inc., and her husband Robert C. Jochims, to restore $5,957 in employee retirement contributions and loan repayments to the Western Steel Erection 401(k) Plan. The company was located in Long Lake, Minn.

May 2, 2014

EBSA News Release: Administration announces proposal to clarify availability of Health Insurance Marketplace coverage to workers eligible for COBRA [05/02/2014]

WASHINGTON — The Obama administration today announced updates to model notices informing workers of their eligibility to continue health-care coverage through the Consolidated Omnibus Budget Reconciliation Act. The updates make it clear to workers that if they are eligible for COBRA continuation coverage when leaving a job, they may choose to instead purchase coverage through the Health Insurance Marketplace.

May 1, 2014

US Labor Department files suit against Pro Systems Corp. Group Health Plan for Failing to Disclose Use of Health Care Fees Charged to its Clients

Pro Systems Corp. Group Health Plan

Date of Action: April 29, 2014

Type of Action: Complaint

Names of Defendant: Pro Systems Corp., Pro Resources Corp., MICROPRO Inc., James Piche, Michael Brodsho, Pro Systems Corporation Group Health Plan 

May 1, 2014

Perez v. Timothy A. Clark, et. al., involving 401(k) plan of Enola, Pa., medical practice

Date of Action: April 22, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): Timothy A. Clark, Central Pennsylvania Pulmonary Associates LLC and Central Pennsylvania Pulmonary Associates LLC 401(k) plan

May 1, 2014

Perez v. Samuel McCutchin, et al., involving default judgment of Upper Darby, Pa., heating company

Date of Action: April 16, 2014

Type of Action: Default Judgment

Name(s) of Defendant(s): Samuel McCutchin, Cynthia Lindenman, Snyder Heating Co., and Snyder Heating Co. 401(k) plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, on Sept. 19, 2013, the Secretary of Labor filed a complaint alleging as follows:

April 30, 2014

Perez v. Aubrey Needham involving imprudent investments causing losses to the Ditch Witch Equipment of Tennessee Inc. Profit-Sharing Plan

Date of Action: April 29, 2014

Type of Action: Complaint

Names of Defendants: Ditch Witch Equipment of Tennessee Inc., Aubrey Needham and the Ditch Witch Equipment of Tennessee Inc. Profit-Sharing Plan

April 24, 2014

US Department of Labor obtains court order freezing 401(k) fiduciary's account

SEATTLE — The U.S. Department of Labor has obtained a court order from the U.S. District Court for the Western District of Washington that temporarily freezes the account balance of Brenda Lukas-Jones, former president of Lukas Machine Inc., in the company's 401(k) profit sharing plan and trust. On April 14, the department filed a complaint against Lukas Machine Inc., Lukas-Jones and others, alleging that they had violated the Employee Retirement Income Security Act between April 2008 and October 2011, causing more than $41,000 in losses to the 401(k) plan.

April 24, 2014

EBSA News Release: US Department of Labor obtains court order freezing 401(k) fiduciary's account [04/24/2014]

SEATTLE — The U.S. Department of Labor has obtained a court order from the U.S. District Court for the Western District of Washington that temporarily freezes the account balance of Brenda Lukas-Jones, former president of Lukas Machine Inc., in the company's 401(k) profit sharing plan and trust. On April 14, the department filed a complaint against Lukas Machine Inc., Lukas-Jones and others, alleging that they had violated the Employee Retirement Income Security Act between April 2008 and October 2011, causing more than $41,000 in losses to the 401(k) plan.

April 21, 2014

Perez v. Roadrunner Material Distributors Inc. involving abandoned plan of defunct Placentia, Calif., building materials company

Date of Action: March 28, 2014

Type of Action: Amended Complaint

Name(s) of Defendant: Roadrunner Material Distributors Inc.; Roadrunner Material Distributors Inc. 401(k) Profit Sharing Plan

April 14, 2014

EBSA News Release: Investment advisor restores more than $340,000 to benefit plans after US Department of Labor finds pension rule violations [04/14/2014]

JOHNSTON, Iowa — Iowa-based investment advisor Donald Gene DeWaay Jr. has paid $341,487 to 68 pension plans covered by the Employee Retirement Income Security Act. The payments were made as part of a settlement agreement following an investigation by the U.S. Department of Labor's Employee Benefits Security Administration.

April 13, 2014

EBSA News Brief: US Labor Department sues Specialty Restaurant Group LLC to restore retirement and health plan contributions in Maryville, Tennessee [04/13/2014]

Date of Action: March 27, 2015

Type of Action: Complaint

Names of Defendants: James H. Carmichael, The Specialty Restaurant Group LLC 401(k) Plan, and The Specialty Restaurant Group LLC Group Health Plan

April 10, 2014

Perez v. William Kristen Hathaway, et al., involving default judgment against Baltimore, Md., drug treatment center

Date of Action: April 1, 2014

Type of Action: Default Judgment

Name(s) of Defendant(s): William Kristen Hathaway and the Baltimore Behavioral Health 403(b) 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 Nov. 1, 2013, alleging as follows:

April 10, 2014

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:

April 8, 2014

Owners of Guardian Graphics, Ltd. to restore more than $50,000 to Chicago employee retirement plan

Date of Action: March 28, 2014

Type of Action: Consent Order and Judgment

Names of Defendant: Richard J. Jurczykowski, Richard A. Lindahl, Guardian Graphics, Ltd., Guardian Graphics Ltd. 401(k) Profit Sharing Plan

April 2, 2014

US Labor Department files suit against Melrose, Mass., retirement plan fiduciaries to recover uncollected contributions, appoint independent fiduciary

Date of Action: March 28, 2014

Type of Action: Complaint

Names of Defendant: Heatech Inc. and Michael Fitzmeyer, in their capacity as fiduciaries of the Heatech Inc. Retirement Plan

April 1, 2014

US Department of Labor files suit to recover losses to Cargill Heating & Air Conditioning Co. Inc. Savings Plan in La Crosse, Wis.

Date of Action: March 25, 2014

Type of Action: Complaint

Names of Defendants: Cargill Heating & Air Conditioning Co. Inc., Michael Earl Galstad, and Cargill Heating & Air Conditioning Co. Inc. Savings Plan in La Crosse, Wis.