EBSA News Releases

May 16, 2019

Six New Members Appointed to the 2019 ERISA Advisory Council

WASHINGTON, DC – Today the U.S. Department of Labor announced the appointments of six new members as well as chair and vice chair to the 2019 Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council.

May 2, 2019

U.S. Department of Labor Obtains Consent Order and Judgment To Distribute Assets to Participants of Ohio Retirement Plan

FREMONT, OH – After an investigation by the U.S. Department of Labor’s Cincinnati office of the Employee Benefits Security Administration (EBSA), the Department of Labor has obtained a consent order and judgment requiring the fiduciaries of Fremont, Ohio-based Techniform Industries Inc. 401(k) Plan to restore $23,716 to the plan and pay a penalty of $4,743 for violations of the Employee Retirement Income Security Act (ERISA).

April 29, 2019

U.S. Department of Labor Statement Relating to the U.S. District Court Ruling in State of New York v. United States Department of Labor

WASHINGTON, DC - The U.S. Department of Labor today released a policy statement regarding Association Health Plans (AHPs). The Department disagrees with the district court's ruling in The State of New York v. United States Department of Labor. The U.S. Department of Justice filed an appeal on April 26, 2019. 

April 26, 2019

Federal Court Allows Payment of Outstanding Health Care Claims For Employees of Bankrupt Home Owners Bargain Outlet

CHICAGO, IL – The U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division, granted a motion allowing Morgan Administration Inc. and associated debtors doing business as Home Owners Bargain Outlet (HOBO), to engage Paradigm Health Plans, the approved third-party administrator, to reconcile and administer outstanding medical claims for employees participating in HOBO's health plan.

April 8, 2019

Federal Court Orders Illinois Business Owner to Pay $1,439,678, in Restitution, Serve 5 Years in Prison for Fraud Involving Investors’ Savings

CHICAGO, IL – The U.S. District Court for the Northern District of Illinois has sentenced Lake County, Illinois-based business owner Richard Booy, to serve five years imprisonment followed by an additional three years of supervised release, and to make $1,439,678 million in restitution for defrauding his clients in a Ponzi-type scheme totaling approximately $2 million. As a result of the the March 18, 2019 sentencing, Booy is statutorily barred from serving as a fiduciary under the Employee Retirement Income Security Act (ERISA).

March 22, 2019

U.S. Department of Labor Obtains Consent Judgment and Order Protecting Participants and Beneficiaries of Failing MEWA

LOS ANGELES, CA – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the Central District of California has entered a consent judgment against the individual defendants of a failing California-based Multiple Employer Welfare Arrangement (MEWA) in a Department lawsuit aimed at protecting more than 16,000 participants and beneficiaries.

March 6, 2019

U.S. District Court Sentences Investment Advisor to Prison and Orders Payment of $1,636,604 in Restitution for Pension Fraud

WEST PALM BEACH, FL – After a U.S. Department of Labor Employee Benefits Security Administration (EBSA) investigation of a multi-million dollar pension trust fraud, the U.S. District Court for the Southern District of Florida has sentenced William H. Minor to 41 months in prison, three years of supervised release, a special assessment of $100, and ordered him to pay $1,636,604 restitution.

February 13, 2019

Court Sentences Founders of Laboratory Marketing Companies After U.S. Department of Labor Uncovers Healthcare Fraud

WEST PALM BEACH, FL – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the Southern District of Florida has sentenced one co-founder of several Florida laboratory marketing companies and substance abuse recovery homes to prison and two other co-founders to probation for their parts in a widespread healthcare fraud scheme.

February 12, 2019

Former Substance Abuse Recovery Center Director Sentenced to Prison After U.S. Department of Labor Finds Healthcare Fraud Scheme

MIAMI, FL – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the Southern District of Florida has sentenced Tina Marie Barbuto – a former licensed mental health counselor in Margate, Florida – to serve 36 months in prison followed by 36 months of supervised release. Additionally, Barbuto will pay $3,132,806 in restitution and a $100 special assessment for her role in a conspiracy to commit healthcare fraud.

February 11, 2019

U.S. Department of Labor Obtains Temporary Restraining Order To Protect Participants and Beneficiaries of Failing MEWA

LOS ANGELES, CA – The U.S. Department of Labor has obtained a temporary restraining order in the U.S. District Court for the Central District of California against Riverstone Capital LLC; NexGen Insurance Services Inc.; and NGI Brokerage Services Inc. (collectively, “Riverstone”) and the individuals that operate it.

February 7, 2019

Court Sentences Lansing, Michigan, Resident to Jail, Orders $48,285 In Restitution for Theft of Mother’s General Motors’ Employee Pension

LANSING, MI – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), and the 30th Circuit Court for Ingham County, Michigan, the Michigan Circuit Court for Ingham County has sentenced Allen G. Ollenburger – a resident of Lansing, Michigan – to serve 45 days in Jail, 60 months' probation, and ordered him to make $48,285 in restitution after he pleaded guilty to cashing General Motors' pension checks issued to his deceased mother.

February 1, 2019

California Dockworkers Union Member Sentenced After U.S. Department of Labor Uncovers Healthcare Fraud Scheme

LOS ANGELES, CA – After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), the U.S. District Court for the Central District of California has sentenced Sergio Amador – a member of the International Longshore and Warehouse Union (ILWU), Local 13 – to 12 months and one day in prison and ordered him to make $201,000 in restitution for defrauding the union’s Welfare Plan.

January 31, 2019

Federal Court Sentences Former Autoworkers’ Union Official After Guilty Plea for Health and Welfare Fund Embezzlement

NEW YORK – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the District of New Jersey has sentenced Sergio Acosta – the former president and a representative of United Auto Workers Local 2326 in Edison, New Jersey – to three years of probation, and ordered him to pay $32,000 in restitution for embezzling funds from the union's employee benefit plan.

January 25, 2019

U.S. Department of Labor Provides Compliance Assistance Resources to Secure Employee Benefits

WASHINGTON, DC – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) hosts a variety of seminars across the country and webcasts in order to enhance understanding of the Employee Retirement Income Security Act of 1974.

January 23, 2019

U.S. Department of Labor Enters into Consent Judgment Permanently Enjoining Former Chief Financial Officer after Pension Plan Mishandling

MIAMI, FL – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the Southern District of Florida entered a consent judgment and order between the U.S. Department of Labor and Kevin F. Kirkeide, a former chief financial officer for IOTC Financial Services LLC and Global Oil Financial Services LLC – both based in Boca Raton, Florida.

January 18, 2019

Palm Beach Gardens Man Sentenced in Healthcare Fraud Scheme After U.S. Department of Labor Investigation

MIAMI, FL – After an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the Southern District of Florida has sentenced Lanny Todd Fried – of Palm Beach Gardens, Florida – to 57 months in prison and 36 months of supervised release; and ordered him to pay a $81,163 fine for his role in a healthcare-related, money-laundering scheme.

December 17, 2018

South Florida Man Sentenced to Prison after U.S. Department of Labor Uncovers Money-Laundering Healthcare Fraud Scheme

MIAMI, FL – After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), the U.S. District Court for the Southern District of Florida has sentenced Lawrence Michael Weisberg – President of Weisberg & Associates PA in Boca Raton, Florida – to 6 months in prison and 12 months of supervised release, ordered him to pay a $7,500 fine, and forfeit $41,234 for his role in a healthcare fraud-related money laundering scheme.

December 3, 2018

U.S. Department of Labor Releases 2018 Form M-1 and Top 10 Filing Tips

WASHINGTON, DC – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today released the 2018 Form M-1 and related instructions. Administrators of Multiple Employer Welfare Arrangements (MEWAs) that provide medical benefits, including Association Health Plans (AHPs), must file the Form M-1 with the Department annually and following certain events, such as a MEWA’s expansion into a new State. 

November 30, 2018

U.S. Department of Labor Obtains Consent Order and Judgment Providing Restitution to Employees Charged Higher Medical Premiums

COLUMBUS, IN – The U.S. District Court for the Southern District of Indiana has ordered the fiduciaries of the Dorel Juvenile Group Inc. Welfare Benefit Plan to pay restitution of $145,635 to 596 employees of the Dorel Juvenile Group Inc.’s California, Indiana, and Massachusetts facilities who paid a tobacco use surcharge as part of their medical insurance premium.

November 27, 2018

U.S. District Court Sentences Louisville Health Clinic Co-Founder to Prison and Orders Payment of $941,337 in Restitution for Healthcare Fraud Scheme

LOUISVILLE, KY – As a result of an investigation by the U.S. Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. District Court for the Western District of Kentucky has sentenced David Perez - co-founder of a Louisville, Kentucky, medical clinic - to 27 months in prison, two years of supervised release, and to pay $941,337 restitution for defrauding healthcare benefit programs.