RALEIGH, N.C. – The U.S. Department of Labor has obtained a consent judgment requiring that the Castleton Group recognize in its bankruptcy filing a priority claim of $66,705 in health insurance premiums owed to plan participants of the former Raleigh-based company.

The judgment also permanently bars former company president Suzanne Clifton from serving as a fiduciary of any employee benefit plan governed by the Employee Retirement Income Security Act in the future.

Austin, Texas - The U.S. Department of Labor has obtained a consent judgment and order resolving a lawsuit against Austin-based HBMG Inc. and Manuel Zarate, the company’s president. The suit alleged that the defendants violated the Employee Retirement Income Security Act.

“Plan officials have a duty to manage and protect employees’ benefit plans and their assets,” said Roger Hilburn, Employee Benefits Security Administration’s regional director in Dallas. “EBSA took this action to restore plan assets that were not properly preserved for the company’s workers.”

SCANDIA, Minn. – The U.S. Department of Labor has filed a lawsuit against Thommes and Thomas Land Clearing Inc. of Scandia and its owners in the U.S. District Court for the District of Minnesota for their alleged failure to remit and timely forward employee contributions owed to the company’s retirement plan, in violation of the Employee Retirement Income Security Act.

PORTLAND, Maine – The U.S. Department of Labor has sued Larry Chaney and his defunct company, CLRS Enterprises, of Portland for failing to forward approximately $11,000 in employee contributions withheld from employees’ paychecks to the company’s savings incentive match plan for employees individual retirement account, known as a SIMPLE IRA. The company formerly operated as Woodward Thomsen Co.

PASADENA, Calif. – The U.S. Department of Labor has obtained a court order restoring $601,736 to the employee stock ownership plan of defunct Air Transport Manufacturing Co. in Sun Valley, Calif. The company ceased operations and sold its assets in 2008.

CRANBURY, N.J. – The U.S. Department of Labor has filed a lawsuit seeking the appointment of an independent fiduciary to oversee the abandoned 401(k) plan of defunct International Business Software Solutions, a company formerly located in Cranbury. The plan covered 31 participants and had $344,692 in assets as of December 2009, the latest data available.

BOSTON – The U.S. Department of Labor has obtained a consent judgment requiring Sylvestre Franc Inc., operator of a salon in Newton, Mass., as well as the company’s owner and the plan trustee, to restore $33,918.73 in misused plan assets to the company’s 401(k) plan.

NEW YORK – The U.S. Department of Labor has filed a lawsuit in the U.S. District Court for the Northern District of New York seeking the appointment of an independent fiduciary to oversee the abandoned 401(k) plan of the defunct Swigonski Management Group, formerly located in Sherrill, N.Y.

Crystal Lake, Illinois – The U.S. Department of Labor has filed an adversary complaint against Joseph Phelan, former president and fiduciary of Phezer Enterprises Inc. of Crystal Lake, in order to prevent the discharge of $10,470 from his personal bankruptcy, which is owed to the company’s employee health plan.

West Palm Beach, Florida – A federal court in West Palm Beach, Florida, has approved a consent judgment between the U.S. Department of Labor and officers of Bonnie Tile Corp. to restore funds to the company’s savings incentive match plan for employees individual retirement account (SIMPLE IRA) plan.

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today announced it will hold a public hearing on March 1, 2011 and if necessary, March 2, 2011, in Washington, D.C. on the proposed rule amending the definition of the term “fiduciary.” The proposed rule was published in the Oct. 22, 2010 Federal Register for public comment.

WASHINGTON – Officials at seven of the U.S. Department of Labor’s agencies will host live Web chats and, in one case, a conference call to discuss their respective regulatory agendas during the first week of January 2011. These events are open to the public and members of the press. The Labor Department’s entire regulatory agenda was published in the Dec. 20 issue of the Federal Register.

WASHINGTON – Secretary of Labor Hilda L. Solis today announced the appointments of five new members to the 2011 Advisory Council on Employee Welfare and Pension Benefit Plans – known as the ERISA Advisory Council. She also announced the appointment of the incoming chair and vice chair of the council.

WASHINGTON – The U.S. Department of Labor has obtained a consent order requiring C.S. Capital Management Inc. of Atlanta, Ga., and owner Paul H. Saylor to restore $1,090,000 to the Plumbers and Pipefitters National Pension Plan as restitution for improperly investing $25 million in risky private placement bonds. The firm also was ordered to pay $109,990.91 in fines to the federal government.

WORCESTER, Mass. – The U.S. Department of Labor has sued Christopher Wong and his company, Wong’s Motor Corp. of Phillipston, Mass., for allegedly violating the Employee Retirement Income Security Act by using employees’ 401 (k) plan contributions for the benefit of the company.

DAYTON, Ohio – The U.S. Department of Labor’s Employee Benefits Security Administration announced that Gary L. Merritt, vice president of Bemcore Inc. of Dayton, has been sentenced by a federal district court in Ohio to five years’ probation and was ordered to restore $186,070 to his victims.

KENNESAW, Ga. – The U.S. Department of Labor has obtained a court order requiring the Hoyla Insurance Group Inc. and owner Michael Hoyla to restore $77,470.48 to the former company's 401(k) retirement plan.

Following an investigation by the Labor Department's Employee Benefits Security Administration, the department filed a lawsuit alleging that the defendants violated the Employee Retirement Income Security Act by comingling employee contributions with company funds.

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced a proposed rule that will help America's workers better understand target date retirement funds and other similar investments offered in 401(k)-type pension plans.

PHILADELPHIA – The U.S. Department of Labor's Employee Benefits Security Administration today announced that the owner of Philadelphia Pension Planning Corp., formerly located in Montgomery County, Pa., was sentenced to 15 months in prison and three years of supervised release, and ordered to pay $715,228.79 to the Bustleton Landscaping Co. Inc. Profit Sharing Plan for making a false statement in the Form 5500 annual report.

NEW YORK – The U.S. Department of Labor has sued trustee Colette Mordo for alleged misuse of more than $4.6 million in plan assets of the Sadimara Knitwear Inc. and the Stallion Knits Ltd. defined benefit pension plans, in violation of her fiduciary duties under the Employee Retirement Income Security Act. The lawsuit is based on an investigation by the department's Employee Benefits Security Administration.