September 20, 2016

US Department of Labor seeks independent fiduciary for terminated Homestead Physicians P.A. 401(k) Plan in Florida

Date of Action: Sept. 16, 2016

Type of Action: Complaint

Name of Defendants: Homestead Physicians P.A.
Lorn Leitman
Homestead Physicians P.A. 401(k) Plan

September 12, 2016

US Labor Department issues compliance guidance for employee benefit plans in wake of the Louisiana storms, flooding and related disruptions

WASHINGTON – In light of the devastation following recent storms and flooding in Louisiana, the U.S. Department of Labor’s Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi announced today an update on compliance with employee benefit plan rules for those adversely impacted in the state since Aug. 11, 2016.

September 12, 2016

Department of Labor files complaint to distribute assets of Mariah Industries Inc. 401(k) Profit Sharing Plan

Date of Action: Aug. 26, 2016

Type of Action: Filing of Complaint

Name(s) of Defendant: Christina Samone DeLaGarza, Mariah Industries Inc., Mariah Industries Inc. 401(k) Profit Sharing Plan.

August 30, 2016

US Labor Department obtains default judgment to restore more than $200K to 401(k) plan of defunct Maryland medical research company

Date of Action: Aug. 29, 2016     

Type of Action: Default judgment

Name(s) of Defendant(s): Global Research Services LLC, Vice President of Finance Julie E. Garrett, and Global Research Services LLC 401(k) Plan

August 25, 2016

US Department of Labor announces final rule on state payroll deduction IRA accounts

WASHINGTON – One third of all workers do not have access to retirement savings plans through their employer. That’s why in every budget since taking office, President Obama has proposed federal legislation to automatically enroll workers in an Individual Retirement Account if they don’t have access to a workplace savings arrangement. In the absence of congressional action, several states have made strides in creating savings opportunities for residents.

August 25, 2016

US Labor Department sues Florida outsource company, fiduciaries, service providers to restore $1.5M to health, welfare arrangement

Date of Action: Aug. 11, 2016

Type of Action: Complaint

Name of Defendants: Direct HR Services Inc.
Commerce Benefits Group Agency Inc.
HealthSmart Benefit Solutions Inc.
Suzanne Burrow
Jason Syrek

August 18, 2016

US Labor Department sues Blue Bell, Pennsylvania, employee benefit plan service provider for mismanaging multiple 401(k) plans

Date of Action: Aug. 15, 2016

Type of Action: Complaint

Name(s) of Defendants: A. Kenneth Belanger
Jo-Ann Belanger
Belanger and Co.  Inc.

Allegations: After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging that:

August 11, 2016

US Labor Department obtains default judgment against former fiduciary of Sommet Group Employee Benefit Plan in Tennessee

Date of Action: July 15, 2016

Type of Action: Default judgment

Name of Defendant(s): Sommet Group LLC
L. Brian Whitfield
D. Edwin Todd
Sommet Group LLC Employee Benefit Plan

August 10, 2016

Court finds $36K owed to employee retirement plan by president of Philadelphia public accounting firm is non-dischargeable in bankruptcy

Date of Action: Aug. 5, 2016

Type of Action: Consent order entered into court

Name(s) of Defendant(s): Howard C. Lapensohn

Allegations: An investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration found:

August 2, 2016

ERISA Advisory Council to discuss cybersecurity, other benefit plan issues at Aug. 23-25 meeting in Washington

WASHINGTON – The Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will meet at U.S. Department of Labor headquarters Aug. 23-25, 2016 to hear testimony from invited witnesses and receive an update from the Employee Benefits Security Administration. The council has scheduled the EBSA update tentatively for the morning of Aug. 25.

August 1, 2016

Federal court finds Cement Masons’ trustee, trust counsel violated ERISA by retaliating against government informant

LOS ANGELES – In a victory for employee whistleblowers, the U.S. Department of Labor has secured a decision from the U.S. District Court for the Central District of California in a case against a trustee and attorney for the Cement Masons Southern California Trust Funds.

July 28, 2016

US Labor Department sues Baltimore-based architect to recover $56K for 401(k) plan participants

Date of Action: July 26, 2016

Name(s) of Defendants: Donald Kann, Kann & Associates, Inc. doing business as Kann Partners, and Kann & Associates Inc., Kann Partners 401(k) plan.

Allegations: An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration led the secretary of labor to file a complaint which alleges the defendants:

July 28, 2016

US Labor Department obtains judgment, order to remove fiduciary from $2.2M employee savings plan and trust in Ashland, Kentucky

Date of Action: July 26, 2016

Type of Action: Consent judgment and order

Defendant: Horizon NR LLC, Lance Sogan, Horizon NR Employee Savings Plan and Trust

July 21, 2016

Court orders trustees of International Association of Machinists’ national pension fund to restore $200K to plan, pay $40K in penalties

Date of Action: July 19, 2016

Type of Action: Consent judgment and order

Names of Defendants: “National Pension Plan,” also known as the International Association of Machinists’ National Pension Fund

Gary Allen, Thomas Connery, Philip Gruber, Warren Mart, Robert Martinez Jr.

Alfred Nelson, Robert Roach, Burton Trebour and Lynn Tucker

July 14, 2016

US Labor Department solicits nominations for 2017 ERISA Advisory Council

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration is soliciting nominations to fill five, three-year vacancies on the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council. The deadline to submit nominations is Aug 1.

July 11, 2016

US Labor Department releases proposal to improve, modernize Form 5500 Annual Return/Report filed by employee benefit plans

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation are seeking public comments on proposed revisions to modernize and improve the Form 5500 Annual Return/Report filed by private-sector employee benefit plans.

June 29, 2016

Labor Department obtains consent judgment to appoint an independent fiduciary for abandoned retirement plan in Columbia, South Carolina

Date of Action: June 2, 2016
June 13, 2016

Type of Action: Complaint, consent judgment and order

Name of Defendants: Greater Columbia OB-GYN P.A.
Estate of Dr. Susan Keeshan

June 28, 2016

US Department of Labor files suit requiring fiduciaries to restore $5.9M in losses to Triple T Transport Employee Stock Ownership Plan

COLUMBUS, Ohio – A federal lawsuit alleges action taken by fiduciaries resulted in losses exceeding $5.9 million to the Triple T Transport Inc. Employee Stock Ownership Plan, directly affecting the retirement savings funds of employees of the Lewis Center, Ohio, company and violating the Employee Retirement Income Security Act.

June 14, 2016

US Labor Department sues president of defunct West Berlin land improvement company to make $138K debt owed to 401(k) non-dischargeable

Date of Action: June 13, 2016

Type of Action: Complaint

Name(s) of Defendants: William P. Bowman