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News Release

U.S. Labor Department sues fiduciary of Fenton, Michigan company to recover 401(k) assets

Archived News Release — Caution: Information may be out of date.

Fenton, Michigan – The U.S. Department of Labor has sued the owner and 401(k) plan fiduciary of Control Pak International Inc. in Fenton for improperly using 401(k) assets withheld from employees’ pay to benefit the company in violation of the Employee Retirement Income Security Act (ERISA).

The department’s lawsuit alleges that in various periods from January 2001 through July 11, 2003, Timothy Glinke, president and owner of Control Pak, retained participant contributions intended for the 401(k) plan. The Labor Department seeks to recover all assets owed to the 401(k) accounts and has asked the court to order Glinke to obtain a fidelity bond and keep it active until such time as the plan is terminated.

“The department helps workers get their benefits when plan assets are either misused or plans are abandoned,” said Joseph Menez, director of the department’s Cincinnati Regional Office of the Employee Benefits Security Administration (EBSA), which investigated the case.

The suit, filed in federal district court in Detroit, resulted from an investigation conducted by EBSA’s Cincinnati Regional Office. Employers and workers can reach the Cincinnati office at 859.578.4680 or toll-free at 866.444.3272 for help with problems relating to private sector retirement and health plans.

In fiscal year 2007, EBSA achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families.

Chao v. Timothy Glinke
Civil Action Number: 2:08-cv-11528

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Archived News Release — Caution: Information may be out of date.

Employee Benefits Security Administration
April 17, 2008
Release Number