Failure to Remit Contributions Cost Retirement Plan Fiduciaries Over $500,000
In addition, a federal district court has ordered the trustee of the plans not to serve in a fiduciary capacity to any Employee Retirement Income Security Act (ERISA) employee benefit plan.
The U.S. District Court for the Southern District of Florida entered a consent judgment and order between the Department of Labor (DOL) and Kevin F. Kirkeide, a former chief financial officer for IOTC Financial Services LLC and Global Oil Financial Services LLC permanently enjoining him from violating the provisions of Title I of the Employee Retirement Income Security Act (ERISA) and from acting as a fiduciary, trustee, agent or representative in any capacity to any employee benefit plan as defined by ERISA.
The DOL’s Employee Benefits Security Administration (EBSA) determined that from January 2011 through December 2014, Kirkeide—serving as a trustee and fiduciary to the IOTC Financial Services LLC 401(k) Profit Sharing Plan and the Global Oil Financial Services LLC 401(k) Profit Sharing Plan—worked with IOTC and Global Oil owner Harry Sargeant to withhold tens of thousands of dollars from employees’ paychecks, but did not forward these employee contributions to the plans, or did not forward them in a timely manner. Kirkeide and Sargeant also failed to collect and remit required employer contributions to the plans.
The complaint also alleged both individuals failed to administer the plans, leaving participants unable to gain information about their funds or gain access to their plan accounts.Sargeant has agreed not to violate Title I of ERISA, and not to serve as a fiduciary to any employee benefit plan as defined by ERISA in the future. In addition, Kirkeide and Sargeant have paid $538,248 in restitution to the plans’ affected participants, which includes delinquent and unremitted employee and employer contributions from January 2011 through December 2014 and associated lost earnings. Both individuals agreed to terminate the plans using AMI Benefit Administrators Inc. as a successor fiduciary.
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