United States Second Circuit

Judgment holding defendants liable for causing monetary losses to defendant fund and permanently enjoining them from serving as fiduciaries or service providers to any employee benefit plan is affirmed over claims that the district court erred in: 1) concluding defendant breached her fiduciary duties under ERISA by failing to protect the Fund from embezzlement by a known embezzler; 2) finding that any breach by defendant caused the Fund injury; and 3) abusing its discretion in permanently barring defendant from serving as an ERISA fiduciary.

Appellate Information

• Decided 06/21/2006
• Published 06/21/2006

Judges

• KEARSE, Circuit Judge., Before KEARSE, MINER, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Benjamin L. Apt, Trial Attorney, United States Department of Labor, Washington, D.C. (Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, Elizabeth Hopkins, Counsel for Appellate and Special Litigation, United States Department of Labor, Washington, D.C., on the brief), for Plaintiff-Appellee., Paula Schwartz Frome, Garden City, NY, (James O. Druker, Kase & Druker, Garden City, NY, on the brief), for Defendants-Appellants.