US Department of Labor files suit against defunct Maryland computer forensics company for unremitted contributions to 401(k) profit sharing plan

Date of Action:          Jan. 8, 2024Type of Action:         ComplaintDefendants:               Jones Dykstra and Associates Inc.                                    Co-owner and senior partner Keith Jones                                    Co-owner and senior partner Brian E. Dykstra                                    Jones Dykstra and Associates Inc. 401(k) profit sharing planBackground: The Acting U.S. Secretary of Labor filed a lawsuit on Jan. 8, 2024, after an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration found the now defunct Elkridge, Maryland, based computer forensics company violated the Employee Retirement Income Security Act. Specifically, co-owners and fiduciaries Keith Jones and Bryan E. Dykstra failed to remit $43,894.76 in participant and employer contributions to the company’s 401(k) profit sharing plan from January 2016 through 2021.  Filed in the U.S. District Court for the District of Maryland, the complaint seeks restoration of all plan losses including interest and/or lost opportunity earnings, removal and fiduciary bar, appointment of an independent fiduciary paid for by the fiduciary defendants and preservation of all books and records relating to finances and administration of the company and plan.Quote: “Under the Employee Retirement Income Security Act of 1974, fiduciaries must act with prudence and undivided loyalty to plan participants and refrain from engaging in the sort of prohibited actions alleged here,” said Employee Benefits Security Administration Regional Director Cristina O’Brien in Philadelphia.Docket Number:   1:24-cv-00060-JMCLearn more about EBSA.