2012 (PLANSPONSOR.com) - The Department of Labor (DOL) is suing the former CEO of
a New Jersey paving company, saying he sold stock to his company’s Employee
Stock Ownership Plan (ESOP) for more than it was worth, according to multiple
Vincent DiPano, former CEO of the SJP Group
and trustee to its ESOP, allegedly netted $16 million from the sale. The DOL also
charged First Bankers Trust Services of Philadelphia, the independent trustee
to SJP's employee stock ownership plan, with failing to meet its fiduciary duty
to beneficiaries by approving the sale without ensuring it was accurately
The agency is seeking to force both defendants
to restore the money plan participants lost when they bought DiPano’s shares,
and for DiPano to disgorge any profits he made from the sale. It is also
seeking to bar both from serving as a fiduciary or service provider to an
Employee Retirement Income Security Act (ERISA) retirement plan.
had 188 retirement plan participants in 2010, according to reports.