News Brief

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US Labor Department obtains judgment restoring nearly $13,000 in employee contributions to SIMPLE IRA of Bristol, Va., company

Date of Action: July 31, 2014

Name(s) of Defendant(s): Rebecca Bellamy; American Home Care LLC; and American Home Care LLC SIMPLE IRA plan

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

The defendants failed to ensure elective employee contributions to the plan were remitted on a timely basis. The amount of restitution owed to the plan participants was determined to be $12,713.07, which includes interest for lost opportunity costs.

Resolution: The court entered a consent order and judgment ordering Rebecca Bellamy to restore all losses plus $2,099.31 in interest to the plan. Bellamy was also permanently barred from serving as a trustee, fiduciary, advisor, or administrator to any employee benefit plan subject to the Employment Retirement Income Security Act.

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

Docket Number: 1:13-cv-00091-JPJ-PMS

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: 
08/14/2014
Release Number: 
EBSA 14-073