DOL Files Lawsuit to Appoint Independent Fiduciary to Administer Employee Benefit Plan of Defunct Health Care Company

Issued by: Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Date: Apr. 29, 2016

Type of Action: Employee Retirement Income Security Act Lawsuit

Names of Defendants: Lori Jo Mueller, Edelweiss 401(K) Plan

Allegations: An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration found that Lori Jo Mueller, vice president of operations for Edelweiss Home Health Care and fiduciary to the Edelweiss 401(K) Plan, violated the Employee Retirement Income Security Act.

Edelweiss Home Health Care provided in-home medical care to senior citizens in the Minneapolis-St. Paul metro area. The company ceased operations in September 2012 after it was discovered that Mueller embezzled money from the company for personal use. Mueller plead guilty to defrauding her employer in February 2013 and in June 2013, was sentenced to 51 months in prison for one count of wire fraud and one count of health care fraud.

Since 2012, plan participants and beneficiaries have not been able to obtain distributions of their individual plan account balances. The company was dissolved in April 2014. As of Sept. 8, 2014, the plan had four participants and $12,276.90 in assets.

Resolution: The complaint seeks a judgment:

• Removing Mueller as fiduciary to the plan;
  
• Enjoining Mueller from serving as fiduciary or service provider to any ERISA covered plan;
  
• Ordering Mueller to pay all reasonable fees and expenses incurred by the independent fiduciary in administering and terminating the plan; and
  
• Appointing an independent fiduciary to administer the plan and distribute assets to qualified participants.

Docket Number: 16-cv-01078-DSD-BRT

Employers and workers can reach EBSA toll-free at 866-444-3272 for help with problems related to private sector retirement and health plans. Additional information can be found at dol.gov/ebsa.

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