Contractor pleads guilty to TPA skimming operation

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I always say that you have better chances not getting caught by robbing a bank than you do by stealing money as a plan fiduciary. Yet, people still do it and come up with some amazing ways to get away with it. This new story is a fiduciary who created a third party administrator (TPA) skimming operation.

A Connecticut contractor has pleaded guilty to stealing more than $3.3 million from hundreds of his employees through phony administrators’ fees on their retirement plans.

Federal prosecutors say Lee Ferguson, of Farmington, who owned Ferguson Electric and Ferguson Mechanical, deducted from $1.60 to $3.15 per hour from each employee’s benefits packages under the guise of “third-party administrative fees.

The fees went to TPA of Connecticut, a company Ferguson established and controlled. TPA of Connecticut, in turn, sent the money to DJS Associates, a company that Ferguson formed for the purported purpose of performing business-consulting services, but which did nothing.

For fake administrative services, I’m sure Ferguson’s greed did him in.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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