May 17, 2016

Former Bridgeport attorney incarcerated for failing to comply with federal judge’s orders in employee benefit plan diversion scheme case

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.

May 13, 2016

Department sues Brogue, Pennsylvania, construction contractor to recover unpaid contributions to employees’ 401(k) profit-sharing plan

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

May 9, 2016

US Department of Labor files lawsuit to recover retirement plan assets for 19 participants of Kesco Southeast Inc. in Cartersville, Georgia

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

May 5, 2016

U.S. Department of Labor investigation results in more than $23K in losses being restored to Bonner & Borhart SIMPLE IRA 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

May 2, 2016

Labor Department files suit to appoint independent fiduciary to distribute profit-sharing plan assets of defunct New Jersey health food supplier

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.

May 2, 2016

US Labor Department files lawsuit to appoint independent fiduciary to administer employee benefit plan of defunct health care company

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

April 29, 2016

Court declares unremitted employee contributions owed to benefit plan of Clarks Summit company non-dischargeable after defendant’s bankruptcy

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:

April 29, 2016

US Labor Department, Invesco Trust in Atlanta reach settlement to compensate investors for undisclosed losses

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.

April 26, 2016

US Labor Department files lawsuit to appoint independent fiduciary to administer employee benefit plan of defunct health care company

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

April 20, 2016

Labor Department files suit to recover over $110,000 for employee benefits plan of The Leiter Group Attorneys and Counselors Professional Corporation

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

April 20, 2016

Department secures consent judgment to restore of $95K to 401(k) plan sponsored by Brunk Industries Inc. in Oakdale, California

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

April 18, 2016

Federal court finds City National Corp. engaged in self-dealing in its 401(k) profit-sharing plan

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.

April 13, 2016

Department files suit to appoint independent fiduciary to distribute $753K in 401(k) assets of defunct New Jersey marketing company

Date of Action: April 13, 2016

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

April 11, 2016

US Labor Department sues Maryland construction contractor to recover unpaid contributions to employees’ 401(k) profit-sharing plan

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

April 7, 2016

Court severely limits attorney’s ability to represent employee benefit plans and fiduciaries

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.

April 6, 2016

White House Fact Sheet: Strengthening Retirement Security by Cracking Down on Conflicts of Interest in Retirement Savings

“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

April 5, 2016

US Labor Department files suit to appoint independent fiduciary to distribute assets of abandoned Staten Island savings plan

Date of action:  March 24, 2016

Type of action: Complaint

Names of defendants: Lily Pond Nursing Home Savings Plan

April 5, 2016

US Labor Department files suit to appoint independent fiduciary to distribute assets of abandoned Bronx 401(k) plan

Date of action: March 28, 2016

Type of action: Complaint

Names of defendants: Astro Communications 401(k) Plan

April 1, 2016

Department of Labor files suit to recover more than $105K for Acme Orthotics and Prosthetics Laboratories Inc. Profit Sharing 401(k) Plan and Trust

Date of Action: March 31, 2016

Type of Actions: Employee Retirement Income Security Act Lawsuit, Adversary Complaint in Bankruptcy Petition No. 15-23963.

Defendants: Michael A. Lewis, Monica Fox

Acme Orthotics and Prosthetics Laboratories Inc. Profit Sharing 401(k) Plan and Trust.

The president and owner of Acme, Michael A. Lewis is the sole named defendant in the adversary complaint filed in bankruptcy court.

March 31, 2016

Fiduciaries to restore $144k to South Portland, Maine, retirement plan following US Labor Department lawsuit

Date of action: March 1, 2016

Type of action: Consent Judgment and Order

Names of defendants: H.C. Watson Corp., doing business as Interim HealthCare, James C. Watson and Melissa Moore, formerly known as Melissa Belanger and Melissa Greenlaw.