INDIANAPOLIS – The U.S. Department of Labor’s Employee Benefits Security Administration has reached a settlement restoring an additional $3.47 million directly to AIT Laboratories Employee Stock Ownership Plan, for losses associated with the plan’s 2009 purchase of overpriced company stock.

WASHINGTON – The Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will meet at the U.S. Department of Labor’s headquarters on June 7-9, 2016, to hear testimony from invited witnesses and to receive an update from the Employee Benefits Security Administration. The council has scheduled the EBSA update tentatively for the morning of June 9. The department is located at 200 Constitution Ave.

Date of Action: May 23, 2016

Type of Action:  Default Judgment

Name of Defendant: William Robin Rose is the fiduciary to the Rose Printing Services Inc. Employees 401(k) Retirement Savings Plan, Rose Printing Services Inc. Employees Health Plan and Rose Printing Services Inc. Employees Dental Plan.

Date of Action: May 23, 2016

Type of Action: Employee Retirement Income Security Act Lawsuit

Names of Defendants: Amy Demmy Rapp, Demmy Sand & Gravel LLC, Demmy Sand & Gravel LLC Retirement Savings Plan

PHILADELPHIA – Acting on a United States district court judge’s order, federal marshals took John J. Koresko V, a disbarred attorney and former employee benefit plan administrator, into custody on May 6, 2016, after Koresko failed to transfer $1.68 million in assets in contempt of an earlier court order in a case involving violations of the Employee Retirement Income Security Act.

Date of Action: April 29, 2016

Type of Action: Complaint

Name(s) of Defendants: Tarry Bratton, B.C. Inc., B.C. Inc. 401(k) Profit Sharing Plan

Date of Action:  May 02, 2016

Type of Action: Complaint

Name of Defendants: Kesco Southeast Inc., Dean Conn, Andrea Rozelle, and Kesco Southeast Inc. 401(k) Plan

Date of Action: May 5, 2016

Type of Action:  Consent order and judgment

Names of Defendant: John Bonner, Bonner & Borhart LLP, Bonner & Borhart LLP SIMPLE IRA Plan

Date of Action: April 29, 2016

Type of Action: Employee Retirement Income Security Act Lawsuit

Names of Defendants: Shirley T. Sherrod, Leroy Johnson, Shirley T. Sherrod M.D., P.C., Target Pension Plan

Date of Action: April 26, 2016

Name(s) of Defendants: Island Organics Profit-Sharing Plan
Bank of America

Allegations:  An investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration found the fiduciary of a profit-sharing plan of now-defunct Quality Botanical Ingredients Inc. failed to terminate the plan formally when the company ceased all business operations in December 2002.

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration has reached a settlement agreement with a subsidiary of Invesco Ltd., an Atlanta-based investment management firm.

Invesco Trust Company agreed to pay a total of $10.27 million to settle the department's claims that they violated the Employee Retirement Income Security Act.

Date of Action: April 4, 2016

Name(s) of Defendant(s): Scott Louis Slocum; Dalton Mechanical SIMPLE IRA Plan

Allegations: Based on an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor obtained a default judgment based on the following:

Date of Action: April 26, 2016

Type of Action: Employee Retirement Income Security Act Lawsuit

Names of Defendants: Lori Jo Mueller, Edelweiss 401(K) Plan

Date of Action:  April 18, 2015

Type of Action: Consent Judgment and Order  

Names of Defendants:  Brunk Industries Inc., James Brunk, and the Contractors and Employees 401(k) Plan

Date of Action: April 19, 2016

Type of Actions: Employee Retirement Income Security Act Lawsuit

Defendants: The Leiter Group Attorneys and Counselors Professional Corporation and Thomas E. Leiter

LOS ANGELES – In a sweeping decision, a federal judge in Los Angeles has found that City National Corporation violated employee retirement laws when it chose its own staff to administer its employee retirement plan in exchange for millions of dollars of unchecked, unreasonably high compensation.

Date of Action: April 13, 2016

Name(s) of Defendants: Interactive Marketing Group Inc. 401(k) Profit-Sharing Plan

Allegations: An investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration found Interactive Marketing Group failed to formally terminate a 401(k) profit-sharing plan after the company ceased all business operations in or before December 2014. The company established the plan in 1987.           

Date of Action: April 1, 2016

Type of Action: Complaint

Name(s) of Defendants: Carlos R. Calderon
C.R. Calderon Construction Inc.
Contractors and Employees 401(k) Profit-Sharing Plan

ATLANTA – A federal judge has entered a consent order expanding substantially the scope of a previous judgment and order between the U.S. Department of Labor and attorney David R. Johanson and his prior law firm, Johanson Berenson LLP, arising from their involvement in three Mississippi cases.

“For Americans who are doing the hard work of saving for retirement, let’s make sure that they get a fair deal.” – President Barack Obama, White House Conference on Aging, July 13, 2015