After a 19-day trial, a U.S. District Court Judge in the Southern District of Mississippi has ordered the fiduciaries of Bruister and Associates Inc. to pay nearly $6.5 million to two of the company’s employee stock ownership plans.
Based in Mississippi, BAI is a privately held subcontractor for DirecTV subscribers. Between December 2002 and December of 2005, Herbert Bruister, the sole owner of the company, sold all of his stock – $24 million worth — to his employees through two ESOP plans.
The Department of Labor alleged that Bruister and two other plan fiduciaries engaged in prohibited transactions, causing the employees purchasing the stock to pay an inflated price for shares based on flawed valuations.
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