Cleveland, Ohio - A federal district court in
Cleveland has granted a motion by the U.S. Department of Labor holding the
Sheet Metal Workers Local No. 33, Cleveland Pension Plan, and its legal
counsel, Baker & Hostetler, LLP, Cleveland, in civil contempt of court
for failing to comply with a court order to produce subpoenaed documents.
“The court’s action now will enable us to obtain
these documents and proceed with our efforts to protect workers’
benefits,” said Joseph Menez, director of the Cincinnati regional office
of the Employee Benefits Security Administration (EBSA).
The federal court directed the plan and the law firm to
comply with two subpoenas requiring that documents pertaining to a
fiduciary liability insurance policy be furnished to the department by
March 16, 2004. The court ordered the plan and Baker & Hostetler, LLP
pay the Labor Department’s costs associated with prosecuting the civil
contempt action and require them to comply with the original subpoenas no
later than January 31, 2005, or face additional contempt sanctions.
EBSA enforces the Employee Retirement Income Security
Act (ERISA) and is seeking the documents named in two subpoenas as part of
an inquiry into potential ERISA violations.
Employers and workers can reach the Cincinnati regional
EBSA office at 859.578.4680 or through EBSA’s toll-free number,
1.866.444.EBSA (3272), for help with problems relating to private-sector
retirement and health plans. In fiscal year 2004, EBSA achieved record
monetary results of $3.1 billion related to the pension, 401(k), health
and other benefits of millions of American workers and their families.
(Chao v. Baker)
Civil Action No.: 1:04CV834 |