Santa Claus isn't the only one who's been busy this month.
The Department of Labor and its Employee Benefits Security Administration were putting in some intensive efforts as well, on behalf of plan participants in several different actions.
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In the first, after EBSA filed a petition for enforcement of a subpoena, a judge issued an order of civil contempt against United Associates Lighting Corp. and Roscoe Wagoner.
The petition came after the defendants failed voluntarily to supply SIMPLE IRA Plan documents by December 23, despite DOL's "repeated efforts to contact the defendants…."
Not only did the defendants fail to provide subpoenaed documents, once the petition was filed, they also didn't show at a court hearing despite being served with notice of the hearing.
Not exactly trying out for Santa's "nice" list, the defendants are now the target of the contempt order.
The order requires the defendants to pay a fine of $100 per day until they provide the documents sought in the subpoena. Additionally, if the defendants do not comply with the order by January 1, 2016, the court has indicated it will incarcerate them until they purge themselves of contempt.
The order also requires the defendants to pay the department's attorney's fees totaling $1,400.
At this rate, they'll be on Santa's "naughty" list for years.
Next, DOL got a default judgment against Martin R. Bothwell III, as fiduciary, and the Threesource, Inc. 401(k) Plan, to terminate the plan after Bothwell failed to administer the plan since approximately June 10, 2013 in violation of the Employee Retirement Income Security Act.
The Manteno, Illinois-based company closed on June 30, 2012, and was subsequently involuntarily dissolved by the State of Illinois on September 13, 2013.
As of July 9, 2015, the plan had assets totaling $56,494.99 and 20 participants, including Bothwell. On December 9, the District Court entered a default judgment against Bothwell and the Threesource, Inc. 401(k) Plan, requiring termination of the plan consistent with the plan's governing documents, the Internal Revenue Code, and ERISA.
Upon termination of the plan and distribution of its assets to participants, Bothwell is permanently enjoined from serving as a fiduciary or service provider to any ERISA-covered plan.
Then there was the lawsuit DOL filed to appoint an independent fiduciary to distribute assets of approximately $630,000 from the Dewitt, Iowa Community Care Inc. 403(b) Retirement Plan, which an EBSA investigation revealed had been abandoned.
Last, but not least, is a consent judgment obtained by DOL to recover more than $500,000 for the 401(k) plan of NW Systems Inc., a Largo, Maryland defense contractor.
According to DOL, the defendants, NW Systems Inc., NW Systems Inc. 401(k) profit-sharing plan and trust, and Nathan Williams failed to remit more than $390,000 in employee and employer contributions to the plan from January 1, 2009 through December 2012.
The District Court of Maryland approved two separately filed consent judgments filed on October 30 and November 9, resolving DOL's claims against NW Systems Inc. and Nathan Williams regarding the NW Systems Inc. 401(k) plan.
Through the consent judgments, the defendants agreed they breached their fiduciary duties under ERISA and caused prohibited transactions.
To restore losses to the plan, including lost earnings, NW Systems Inc. agreed to a multiyear payment plan and Williams agreed to pay a percentage of his wages and other earnings.
Once both defendants have fulfilled their agreements, they will have restored at least $500,000 in unremitted contributions and associated lost earnings to the plan.
In a prior action in 2013, Williams and NW Systems Inc. agreed to be permanently enjoined from any and all fiduciary positions with respect to the plan, and to appoint an independent fiduciary to the plan.
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