The U.S. Department of Labor is suing Bethesda, Md.-based Dynasty Construction Inc. and owner John J. Barrett III for breaking fiduciary duty regarding the company’s 401(k) plan.

The suit documents state that more than $775,000 from the 401(k) plan were invested in a 2006 fraudulent scheme, which violates the Employee Retirement Income Security Act. The amount invested accounted for nearly all of the accounts’ assets for 19 plan participants at the end of 2005.

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