August 14, 2014

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.

August 14, 2014

US Labor Department files suit to restore employee contributions to 401(k) plan of Manassas, Va., construction company

Date of Action: July 29, 2014

Name(s) of Defendant(s): Gregory Ridge; Ridge & Long Limited Co.; and Ridge & Long Limited Co. 401(k) profit sharing plan & trust 

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 following:

August 11, 2014

Perez v. Michael Miles and Leon Stadther involving Miles & Associates Inc. 401(k) Profit Sharing Plan in Charlotte, North Carolina

Date of Action: July 28, 2014

Type of Action: Order of Settlement

Name(s) of Defendant(s): Miles & Associates Inc., Michael Wayne Miles, Leon Victor Stadther, Jr., and Miles & Associates Inc. 401(k) Profit Sharing Plan

August 5, 2014

Judges orders fiduciary to restore losses to the employee benefit plan of The Anesthesia & Pain Center of Akron, Ohio

Date of Action: Aug. 1, 2014

Type of Action: Consent Order and Judgment

Names of Defendant: The Anesthesia & Pain Center of Akron Inc., The Anesthesia & Pain Center of Akron Inc. 401(k) and Profit Sharing Plan, Frank Kousaie

August 5, 2014

EBSA News Release: Judge orders company president to restore more than $143,000
to retirement plan of Attevo Inc. in Cleveland [08/05/2014]

CLEVELAND — C. David Snyder, fiduciary to the Cleveland-based Attevo 401(k) retirement plan, has been ordered by a judge to restore $143,481.42 to the plan. The judgment resolves a U.S. Department of Labor lawsuit stemming from an investigation by the department's Employee Benefits Security Administration.

July 28, 2014

Judgment orders company owner to restore more than $11,000 to Pinnacle Telemarketing Inc. 401(k) Plan in Kaiser and Lebanon, Mo.

Date of Action: July 22, 2014

Type of Action: Consent Order and Judgment

Name of Defendant: Stephen Schneider, fiduciary to the Pinnacle Telemarketing Inc. 401(k) Plan in Kaiser and Lebanon, Mo.       

July 24, 2014

EBSA News Release: US Labor Department's ERISA Advisory Council to hold public meeting Aug. 19-21 [07/24/2014]

WASHINGTON — The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council, will meet Tuesday, Aug. 19, through Thursday, Aug. 21. Council members will hear testimony from invited witnesses and receive an update from the Employee Benefits Security Administration.

Topics for discussion and study include:

July 22, 2014

US Labor Department files suit to recover more than $15,000 for participants in SLP Machine Simple IRA Plan in Ham Lake, Minn.

Date of Action: July 22, 2014

Type of Action: Complaint

Names of Defendants: Gregory Fletcher, SLP Machine Simple IRA Plan.

July 21, 2014

US Labor Department sues to restore more than $28,000 in employee contributions to 401(k) plan of Berlin, NJ, catering company

Date of Action: July 17, 2014

Name(s) of Defendant(s): Richard J. Campbell; Venice Catering of Berlin Inc., and Venice Catering of Berlin Inc. 401(k) 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 following:

July 16, 2014

US Labor Department sues to restore employee contributions to 401(k) plan of Yardley, Pa., law firm

Date of Action: July 16, 2014

Name(s) of Defendant(s): Richard J. Kwasny; Kwasny & Reilly, P.C.; Kwasny & Reilly 401(k) profit sharing 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 following:

July 9, 2014

Perez v. Scott W. Rothstein involving default judgment regarding 401(k) Profit Sharing Plan in Fort Lauderdale, Fla.

Date of Action: June 30, 2014

Type of Action: Default Judgment & Order

Name(s) of Defendant(s): Scott W. Rothstein

July 9, 2014

Perez v. Scott W. Rothstein involving default judgment regarding 401(k) Profit Sharing Plan in Fort Lauderdale, Fla.

Date of Action: June 30, 2014

Type of Action: Default Judgment & Order

Name(s) of Defendant(s): Scott W. Rothstein

July 1, 2014

Judge orders Pro Systems Corp. Group Health Plan to repay more than $200,000 to clients for failing to disclose use of health care fees

MINNEAPOLIS — A consent judgment entered in the U.S. District Court for the District of Minnesota has returned a total of $203,212 to clients of the Pro Systems Corp. Group Health Plan. The company provided health care services for clients of Detroit Lakes-based Pro Systems, PRO Resources and MICROPRO. The judgment resolves a lawsuit filed by the U.S. Department of Labor alleging violations of the Employee Retirement Income Security Act for failing to disclose to clients that some fees collected for insurance costs were used for nonhealth plan purposes.

June 12, 2014

US Labor Department files suit, seeking appointment of independent fiduciary for abandoned Central Islip, NY, Profit Sharing Plan

Date of Action: June 11, 2014

Type of Action: Complaint

Name of Defendant: First Land Title Agency of New York Inc. Profit Sharing Plan

June 11, 2014

US Department of Labor will host free compliance forum in Wellesley, Mass., on June 20, 2014

BOSTON — The U.S. Department of Labor is hosting a free compliance seminar, "How to Do It Right the First Time," at MassBay Community College on Friday, June 20, from 8:50 a.m. to 12:50 p.m. EDT.

June 11, 2014

US Department of Labor will host free compliance forum in Wellesley, Mass., on June 20, 2014

BOSTON — The U.S. Department of Labor is hosting a free compliance seminar, "How to Do It Right the First Time," at MassBay Community College on Friday, June 20, from 8:50 a.m. to 12:50 p.m. EDT.

June 9, 2014

Judge orders fiduciaries to restore $83,500 to E. L. Fasel & Sons Profit Sharing Plan in Kane County, Ill., following mishandling of funds

Date of Action: June 9, 2014

Type of Action: Consent Order and Judgment

Names of Defendants: Orland Fasel, Bernice Fasel, Edward Fasel, E. L. Fasel & Sons Inc. Profit Sharing Plan

Allegations: Orland Fasel, who was co-owner of E.L. Fasel & Sons Inc. and fiduciary to the E.L. Fasel & Sons Inc. Profit Sharing Plan, improperly transferred funds from the Plan to himself and his wife, Margaret Fasel. Edward Fasel was co-owner of the company and a named trustee of the Plan. Bernice Fasel was also a named trustee of the Plan.

June 5, 2014

EBSA News Release: US Labor Department solicits nominations for 2015 ERISA Advisory Council [06/05/2014]

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration is soliciting nominations to fill five three-year vacancies on the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council. The deadline to submit nominations is Friday, Aug. 1.

June 5, 2014

Judge orders Lakes Area Advertiser Inc. and A.D.S. Delivery Service Inc. to restore more than $50,000 to employee benefit plans in Antioch, Ill.

Date of Action: May 30, 2014

Type of Action: Consent order and judgment

Names of Defendants: Brandy Williams, Wanda Knight, Dmazana Lumukanda, Lakes Area Advertiser Inc. 401(k) Plan and A.D.S. Delivery Service Inc. 401(k) Plan

June 3, 2014

EBSA News Release: US Labor Department reaches $5.25M settlement with GreatBanc Trust [06/03/2014]

WASHINGTON — The U.S. Department of Labor has reached a $5.25 million settlement with GreatBanc Trust Co. resolving department allegations that the Lisle, Illinois-based company violated the Employee Retirement Income Security Act. In 2006, GreatBanc, as trustee to the Sierra Aluminum Co. Employee Stock Ownership Plan, allegedly allowed the plan to purchase stock from Sierra Aluminum's co-founders and top executives for more than fair market value.