Weekend DOL Blotter - 9/21/2008

The DOL's Employee Benefit Security Agency (EBSA) continues to supply us with weekly fodder for our weekend series. "U.S. Labor Department takes legal action against trustee of AE Seven LLC 401(k) plan for failure to administer employee assets."

Greenwood Village, Colorado – The U.S. Department of Labor has sued the trustee of the AE Seven LLC 401(k) plan in Greenwood Village for failure to properly administer the company’s 401(k) plan in violation of the Employee Retirement Income Security Act (ERISA).

The lawsuit, filed in the U.S. District Court for the District of Colorado, alleges that the defendant has failed to take fiduciary responsibility for the operation and administration of the plan since August 2007. As relief, the suit asks the court to remove Tracy Podgorak-Miller from her position as a trustee, and appoint an independent trust company to administer the plan and distribute assets to participants and beneficiaries.

“The Labor Department is committed to protecting workers’ benefits when plan assets are either misused or the plans are abandoned,” said Steve Eischen, director of the department’s Employee Benefits Security Administration (EBSA) Kansas City Regional Office.

Tracy Podgorak-Miller was the majority shareholder of AE Seven LLC and Abiouness, Cross & Bradshaw, architectural engineering firms that ceased operations in August 2007. At that time the plan had approximately $205,739 in assets and 14 participants.

The suit resulted from an investigation conducted by EBSA’s Kansas City office. In fiscal year 2007, the agency achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families. Employers and workers can reach the regional office at 816.285.1800 or toll-free at 866.444.3272 for help with problems relating to private sector retirement and health plans.

Chao v. Tracy Podgorak-Miller & AE Seven LLC 401(k) Plan
Civil Action Number 08-cv-01958