DOL Suit Against Nationwide Supply

KANSAS CITY, Mo. — The U.S. Department of Labor has filed a lawsuit against  Nationwide Supply Inc., operating as Business Outfitters in Cheyenne, Wyo.,  and Guy Baldino, the company’s president and owner, for failing to deposit  employee contributions into the company’s pension plan in violation of the  Employee Retirement Income Security Act. The suit follows an investigation by  the Kansas City Regional Office of the department’s Employee Benefits Security  Administration.

“The money withheld from these workers for their retirement  savings belongs to them and may not be diverted or used for other purposes,”  said James Purcell, EBSA’s regional director in Kansas City. “We are seeking the recovery of  all of these employees’ hard-earned money so it can support them in their later  years.”

The suit alleges that the defendants withheld employee  payroll contributions totaling $19,903 between Feb. 8, 2008, and Dec. 31, 2009,  which were not timely deposited into the Nationwide Supply Inc. Savings Incentive  Match Plan Individual Retirement Account.

Also, the defendants retained additional employee  contributions totaling $17,285 between May 2, 2008, and Dec. 31, 2009, that  were not remitted to the plan. During the course of EBSA’s investigation, the  defendants repaid $6,748 of that sum. However, more than $10,000 is still owed  to six plan participants.

The Labor Department is seeking repayment of all losses, plus  interest, to the plan. The complaint was filed in the U.S. District Court for  the District of Wyoming in Cheyenne  by the department’s Office of the Solicitor. Employers and workers can reach EBSA’s  Kansas City  office at 816-285-1800 or toll-free at 866-444-3272 for help with problems  related to private sector retirement and health plans.

EBSA protects the retirement, health and other  workplace-related benefits of America’s  workers and retirees, and their families. The agency oversees approximately  708,000 private sector retirement plans, 2.8 million health plans and a similar  number of other benefit plans that cover more than 150 million Americans.  Additional information can be found at http://www.dol.gov/ebsa.

Solis v. Baldino, et al   Civil Action File Number: 11-CV-362-F

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