ROME, Ga. (Legal Newsline) — The U.S. Department of Labor announced it has filed a lawsuit against Kesco Southeast Inc., a company specializing in rock drilling and blasting, to recover retirement plan assets of 19 former employees.
Defendants in the case also include former President Dean Conn and former secretary Andrea Rozelle.
According to allegations, Kesco ceased operations in May 2011. Rozelle, authorized the company’s 401(k) plan to be distributed in two lump sum checks. One check allegedly went to only one plan participant while the other check was made payable to the company itself. The Department of Labor charges that the remaining 19 participants in the plan did not receive their share.
The department seeks a court order that would enjoin the defendants from engaging in further alleged violations of the Employee Retirement Income Security Act and serving as a fiduciary or employee of any employee benefit plan. The department also seeks an order that would force the defendants to disgorge all profits received from their alleged fiduciary breaches and restore money to the victims.