DOL Increases ESOP Activity

In 2004, the Department of Labor closed 220 cases with ESOP violations, up from 187 in 2002. In October of this year, the Department launched a special investigation of ESOP abuses.

DOL Issues Update to Delinquent Filer Voluntary Compliance Program

On January 13, 2013, the U.S. Department of Labor announced various changes to the Form 5500 delinquent filer voluntary compliance program. The changes include a requirement to file electronically, specified which forms need to be filed, and created an online calculator for penalties.

DOL Obtains $10 Million Settlement in Suit Against ESOP Company

A lawsuit filed by the U.S. Department of Labor against the DirecTECH Holding Co. Inc. Employee Stock Ownership Plan resulted in six consent judgments requiring payment of $10,454,545 in restitution to plan participants and $1,045,454 in civil penalties to the federal government.

DOL Officials Say Lawsuits Over ESOPs Are High on Their Agenda

Speaking to the American Bar Association Section of Labor and Employment Benefits Committee in New Orleans in February, Department of Labor Deputy Assistant Secretary for the Employee Benefits Security Administration (EBSA) Tim Hauser said ESOP valuations have been "an area of chronic problems" t

DOL Proposes to Define ESOP Appraisers as Fiduciaries

The Department of Labor's Employee Benefits Security Administration (EBSA) has proposed to define ESOP appraisers as fiduciaries (see "Definition of the Term 'Fiduciary,'" 29 CFR Part 2510 RIN 1210-AB32,

DOL Reaches Another Settlement Agreement with an ESOP Trustee

On May 4, the Department of Labor (DOL) reached a settlement with the insurers for Cactus Feeders, certain of its present and former directors, officers, and members of its ESOP committee, and Lubbock National Bank (the ESOP trustee), who with no admission of liability agreed to pay $5.4 million

DOL Reaches Settlement with New York ESOP Company

On July 21, the Department of Labor announced that it had agreed to a $5.5 million settlement in Acosta v. Ginsberg. The DOL alleged that the founder of the company received an inflated price when he sold 50% of his shares to the ESOP in 2009.