US Department of Labor obtains consent judgment directing Baltimore company, owner to restore $148K to 401(k) plan

BALTIMORE - A federal court in Maryland has entered a consent judgment requiring a Baltimore logistics, engineering and management support company and its owner to restore $148,852 in missing contributions and interest to its 401(k) plan.

The court's action follows a U.S. Department of Labor Employee Benefits Security Administration investigation that found Bicallis LLC and owner Bryan Hill failed to forward employees' pay deductions for the plan contributions and did not collect matching and safe harbor contributions the company owed the plan from October 2017 through December 2019.

Entered in the U.S. District Court for the District of Maryland, the consent judgment also removes Bicallis and Hill from their fiduciary positions with the plan, enjoins them permanently from serving in a fiduciary capacity for any Employee Retirement Income Security Act-covered plan in the future, and requires Bicallis and Hill to pay $3,090 for the cost of an independent fiduciary to administer the plan and distribute benefits to the plan's participants and beneficiaries.

"The Employee Retirement Income Security Act requires plan fiduciaries to carry out their duties solely for the benefit of plan participants and their beneficiaries. The U.S. Department of Labor pursues appropriate and effective legal remedies on behalf of participants when fiduciaries fail in their obligations," said Regional Solicitor Oscar L. Hampton III in Philadelphia.

"When fiduciaries fail to take required actions regarding the hard-earned retirement savings of participants in plans they manage, workers lose trust in those managing their retirement earnings and the fund's growth is compromised," said Employee Benefits Security Administration Regional Director Michael Schloss in Philadelphia. "EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable."

The Philadelphia Region's EBSA office conducted the original investigation, and the region's Solicitor's Office handled the litigation and settlement.

View the consent judgment and order.

Employers and workers can reach EBSAtoll-free at 866-444-3272 for help with problems related to private sector retirement and health plans. Learn more about EBSA.