Court issues warrant for defunct Baltimore company’s owner’s arrest after repeated failure to restore $153K to employee 401(k) plan

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Court issues warrant for defunct Baltimore company's owner's arrest after repeated failure to restore $153K to employee 401(k) plan

Court held company, owner, in civil contempt in May following litigation

Date of action: Sept. 25, 2024

Type of action:

Civil confinement of Bryan Hill, owner of defunct Bicallis LLC, arising from civil contempt

Court:

U.S. District Court for the District of Maryland in Baltimore

Background:

An investigation by the department's Employee Benefits Security Administration found the company and its owner violated the Employee Retirement Income Security Act by failing to forward employees' payroll deductions for the company's 401(k) plan and to collect company matching and safe harbor contributions owed to the plan from October 2017 through December 2019.

On May 6, 2022, the department obtained a consent judgment that required the company and Hill to pay $151,942, which represented missing contributions and interest to the 401(k) plan and costs to appoint an independent fiduciary, by December 2022.

The employer defaulted on the judgment and the department filed a motion to hold them in contempt, which the court granted on June 27, 2023. In its contempt finding, the court ordered the company and Hill to pay a fine of $100 per day until they paid amounts owed in full.

On Sept. 13, 2023, the department filed a request to convene a second civil contempt hearing and for enhanced civil contempt remedies. To avoid that hearing, the company and Hill agreed to a consent order of forfeiture for $388,458 in assets due to Hill and his ex-wife.

To date, neither the company nor Hill have paid the money owed in full or remitted funds to the plan's court-appointed independent fiduciary. On Sept. 3, 2024, the court set a deadline of Sept. 20, 2024 for Hill to either remit all restitution due to the plan or to self-surrender for civil confinement. On Sept. 25, 2024, the court found Hill in contempt for not complying with this deadline.

Resolution:

On June 27, 2024, the court entered an order imposing civil confinement for Hill. Because Hill failed to comply with multiple court orders, on Sept. 25, the court issued an arrest warrant for Hill.

Quotes:

"We hope that Hill will finally restore the money owed to the company's employee 401(k) plan and comply with the law," said Employee Benefits Security Administration Regional Director Cristina O'Brien in Philadelphia.

"The court's arrest warrant for Bryan Hill after his continued disregard for the law demonstrates that the U.S. Department of Labor will use all litigation tools, including civil confinement, to hold people violators like him legally accountable," remarked Regional Solicitor Samantha Thomas in Philadelphia.

Employer information:

Bicallis LLC was a Baltimore logistics, engineering and management support servicescompany that ceased operations in 2022.

Walsh vs. Bicallis LLC et. al.

Case 1:21-cv-01746-SAG

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