The suit alleges that ULLICO-TFA violated the Employee Retirement Income Security Act of 1974 by imprudently investing more than $10 million of plan assets in a risky real estate project. In 1995, TFA and ULLICO used plan assets to purchase and develop a 120-acre tract of raw land in N. Las Vegas into saleable building lots. ULLICO-TFA, incorporated as LF Las Vegas Realty Corp., paid close to $6 million for the property and spent more than $4 million to develop it. The suit also alleges that TFA and ULLICO failed to properly investigate the merits of the Sommerset Ridge project (failed to obtain an appraisal) and, ultimately, abandoned the project in 1997 without selling any lots. The funds suffered losses when the property was sold in June 1999 to Capital Pacific Holdings for less than the money invested by the funds.
DOL is seeking a court order that requires ULLICO-TFA to reimburse the funds for all losses, plus interest, resulting from the breaches; and permanently bars them from violating ERISA in the future. The suit was filed in federal court in Washington, D.C. [DOL 3/25/02; BNA 3/27/02]
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