News Brief

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Solis v. John Louis Roberts, et. al., involving consent judgment to restore employee contributions to 401(k) plan of Pittsburgh, Pa., company

Date of Action: Feb. 17, 2012

Name(s) of Defendant(s): John Louis Roberts, Mara Scanlon Roberts and Sterling Printing and Graphics, Inc.

Allegations: An investigation by the U.S. Labor Department 's Employee Benefit Security Administration found from April 2004 through July 2006, John Roberts, Mara Roberts and Sterling Printing and Graphics, Inc. failed to ensure employee contributions were remitted to the SP 401(k) plan. Additionally, of those employee contributions that were remitted, some were remitted untimely. As a result, on July 29, 2011, the department filed suit seeking the restoration of unremitted employee contributions and interest costs due to the 401(k) plan.

Resolution: On Feb. 17, 2012, a federal judge approved a consent judgment and ordered the defendants to restore $2,000 to the plan. The judgment resolves the department's lawsuit. The court also ordered removal of the fiduciaries of the plan, enjoined the fiduciaries from further violations of the Employee Retirement Income Security Act and appointed an independent fiduciary for the plan.

Court: United States District Court for the Western District of Pennsylvania

Docket Number: 2:11-cv-00976-GLL

U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

EBSA News Brief: 
02/23/2012
Release Number: 
EBSA-12-021