United States District Court, S.D. Ohio, Western Division
EUGENE SCALIA, Secretary of Labor,  United States Department of Labor, Plaintiff,
DAY-MONT BEHAVIORAL HEALTH CARE, INC, an Ohio Corporation; DAY-MONT WEST TAX-DEFERRED ANNUITY PLAN, an employee benefit plan; DAY-MONT BEHAVIORAL HEALTH CARE INC. EMPLOYEE BENEFIT PLAN, an employee benefit plan; GAYLE JOHNSON, an individual; and AKIL SHARIF, an individual; Defendants.
LUBOW Trial Attorney for Plaintiff U.S. Department of Labor
KATE S. O'SCANNLAIN Solicitor of Labor CHRISTINE Z. HERI
Regional Solicitor BENJAMIN T. CHINNI Associate Regional
LYNNETTE DINELER Attorney for Defendant Gayle Johnson Dinkier
Law Office, LLC.
BOWMAN Attorney for Defendant Akil Sharif Brannon &
DOUGLAS DENNIS Attorney for Defendant Gayle Johnson Frost
Brown Todd LLC.
NALLY Attorney for Defendants Day-Mont BHC, Inc., Annuity
Plan, and Health Plan Reminger Co.
CONSENT ORDER AND JUDGMENT
M. Rose Untied States District Judge.
Eugene Scabs, Secretary of Labor, United States Department of
Labor, pursuant to the provisions of the Employee Retirement
Income Security Act of 1974 ("ERISA"), as amended,
29 U.S.C. §1001, et seq., filed a complaint
against defendants Day-Mont Behavioral Health Care, Inc.
("Day-Mont"), Gayle Johnson (“Johnson"),
and Akil Sharif ("Sharif) (collectively
"Defendants") alleging breaches of their fiduciary
responsibilities under ERISA with respect to the Day-Mont
West Tax-Deferred Annuity Plan ("Annuity Plan") and
the Day-Mont Behavioral Health Care Inc, Employee Benefit
Plan ("Health Plan") (collectively
"Plans"). The Plans were joined as parties pursuant
to Rule 19 of the Federal Rules of Civil Procedure, solely to
ensure that complete relief may be granted.
and the Plans have waived service of process of the complaint
and have admitted to the jurisdiction of this Court over them
and the subject matter of this action.
Defendants, and the Plans (collectively "Parties")
have agreed to resolve all matters in controversy in this
action between them (including the imposition by Plaintiff of
any penalty pursuant to ERISA § 502(I), 29 U.S.C;
§1132(I), and any proceedings related thereto), and said
parries do now consent to entry of a Consent Order and
Judgment by this Court in accordance therewith.
consideration of the record herein, and as agreed to by the
parties, the Court finds that it has jurisdiction to enter
this Consent Order and Judgment, IT IS THEREFORE ORDERED
Defendants are permanently enjoined and restrained from
violating the provisions of Title I of ERISA, 29 U.S.C
§1001 et seq.
Defendants are jointly and severally liable to the Annuity
Plan in the amount of $64, 582.49 and to the Health Plan in
the amount of $77, 084.18.
Within 30 days of the entry of the Consent Order and
Judgment, Defendants shall pay or cause to be paid a total of
$170, 000 as follows:
a. $64, 582.49 to the Annuity Plan, by payment of a certified
check payable to MG Trust Company F/B/O Day-Mont West
Tax-Deterred Annuity Plan, mailed to AMI Benefit Plan
Administrators, Inc., 100 Terra Bella Drive, Youngstown, OH
44505 ("AMI"). These monies shall be credited to
any individuals who: (1) were employees of Day-Mont, (2) were
Annuity Plan participants during die period January 13, 2012
through August 5, 2016, and (3) had voluntary employee
contributions withheld from their pay for contribution to the
Annuity Plan during this period and such contributions were
remitted to the Annuity Plan in an untimely manner or not
remitted at all. AMI, as the Annuity Plan's court
appointed independent fiduciary pursuant to ...