Court orders Florida manufacturer to repay profit-sharing plan
Type of Action: Consent order and judgement
Names of Defendants: Andrea Lynn McCarthy
Truss Systems LLC
Truss Systems LLC Profit Sharing Plan
Allegations: The U.S. Secretary of Labor filed a complaint, based on a Employee Benefits Security Administration investigation, alleging that Andrea McCarthy withdrew $111,624 between Jan. 28 and June 6, 2009, from Truss Systems LLC Profit Sharing Plan. McCarthy was criminally prosecuted, and pled guilty to embezzlement in June 2016. She was ordered to make restitution to restore losses to the plan.
Resolution: The court, in this civil case, ordered the defendants to pay – on or before July 21, 2017 – $25,253 and pre-judgment interest to reflect the lost earnings and post judgment interest for which McCarthy and Lisa Hall are jointly and severally liable. Truss Systems, McCarthy and Hall are also permanently enjoined from acting as a fiduciary, trustee, agent or representative in any capacity to any employee benefit plan as defined by the Employee Retirement Income Security Act of 1974. The court has appointed an independent fiduciary, AMI Benefit Plan Administrators Inc., to terminate the plan, collect and administer the plan’s assets (including the restitution from the criminal case) and make distributions to the affected participants.
Court: U.S. District Court Middle District of Florida, Jacksonville Division
Docket Number: 3:15-cv-94-J-32JRK