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DoL Claims Nearly $2M Withdrawn Illegally from Plan
October 5, 2011 (PLANSPONSOR.com) - The U.S. Department of Labor has filed a
complaint in federal court against A.B.D. Tank & Pump Co. and Keith Davis,
its president and owner, to restore more than $1.9 million to the company's
retirement plan.
The complaint alleges that Davis depleted the assets of the
plan through a series of withdrawals and transfers to himself and the company
from Dec. 4, 2006, through Nov. 3, 2010, in violation of the Employee
Retirement Income Security Act (ERISA).
“By taking action here, we are underscoring the Labor
Department’s commitment to hold accountable those who are entrusted with the
assets of workers’ retirement plans,” said Phyllis C. Borzi, Assistant Secretary
of the department’s Employee Benefits Security Administration (EBSA). “We
will continue to help workers obtain their rightful benefits when plan
fiduciaries violate the law.”
The A.B.D. Tank & Pump Co. 401(k) & Profit Sharing
Plan & Trust, a retirement plan for the company’s employees funded by
employer contributions, was established in 1992. Davis is the plan’s trustee.
The company is based in Elmhurst, Ill.
The complaint seeks the reversal of all prohibited transfers
and the repayment of all losses, with interest, to the plan. The complaint also
seeks to remove Davis as the plan’s trustee and permanently enjoin him from
serving as a fiduciary or service provider to any employee benefit plan subject
to ERISA.
The complaint alleges that Davis depleted the assets of the
plan through a series of withdrawals and transfers to himself and the company
from Dec. 4, 2006, through Nov. 3, 2010, in violation of the Employee
Retirement Income Security Act (ERISA).
"By taking action here, we are underscoring the Labor
Department's commitment to hold accountable those who are entrusted with the
assets of workers' retirement plans," said Phyllis C. Borzi, Assistant Secretary
of the department's Employee Benefits Security Administration (EBSA). "We
will continue to help workers obtain their rightful benefits when plan
fiduciaries violate the law."
The A.B.D. Tank & Pump Co. 401(k) & Profit Sharing
Plan & Trust, a retirement plan for the company's employees funded by
employer contributions, was established in 1992. Davis is the plan's trustee.
The company is based in Elmhurst, Ill.
The complaint seeks the reversal of all prohibited transfers
and the repayment of all losses, with interest, to the plan. The complaint also
seeks to remove Davis as the plan's trustee and permanently enjoin him from
serving as a fiduciary or service provider to any employee benefit plan subject
to ERISA.