Plan Sponsor Sentenced for 401(k) Theft

A plan sponsor charged with stealing from her company’s 401(k) plan has been sentenced to more than two years in prison.

Cynthia Curran, who plead guilty last year to two counts of theft from an employee benefit plan and two counts of making a false statement, must spend 30 months behind bars and pay full restitution for stealing from Barrington Systems’ 401(k) over a nine-year period, U.S. District Judge Phyllis Hamilton said during a hearing this week in Oakland, California.

According to the San Francisco Chronicle, from 1997 to 2006, Curran misappropriated $241,208 in employee contributions and vested employer contributions for her own use while she was vice president of the company and trustee of its 401(k) plan. The company, which she founded with her husband, developed software for climate-control systems until it went out of business in 2006, according to the report.

Investigators at the U.S. Department of Labor learned of the crime after employees who were laid off by the company were unable to recover their retirement accounts because their contributions had been stolen.

Curran lied to department investigators about the balance in the 401(k) account to cover up her theft, authorities said, according to the news report.  Curran also suggested that computer hackers may have stolen the money, which Assistant U.S. Attorney Owen Martikan wrote in a sentencing memorandum was “implausible.”

Guggenheim to Acquire Security Benefit

Guggenheim Partners, LLC, has worked out a deal to acquire Topeka, Kansas-based retirement services provider Security Benefit Corporation.

A news release said that among the buyers is an investor group that includes certain shareholders of Guggenheim Partners, a Chicago financial services company.

The Guggenheim-led group will make an investment of approximately $400 million in Security Benefit. Additional terms of the transaction were not disclosed. The transaction is expected to close in the late second quarter or early third quarter of 2010.

“We believe that Guggenheim Partners brings resources and product development capabilities that will be advantageous to Security Benefit’s current and future clients,” said Todd Boehly, managing partner in the office of the CEO of Guggenheim Partners, in the announcement.

Guggenheim Partners and Security Benefit began working together in June 2009 when Guggenheim became the investment adviser for Security Benefit’s general account, according to the companies.

The announcement said Security Benefit’s four primary businesses will benefit from continued capital investments in technology, product development, and support.

As part of the transaction, Howard R. Fricke, who served as Security Benefit’s president and chief executive officer from 1988 to 2000 and chairman from 1996 to 2006, will serve as interim chairman of the board, president and chief executive officer effective immediately. Fricke will lead the organization through the transition until Guggenheim identifies a permanent chief executive officer and president for Security Benefit, the announcement said.

Security Benefit retains its network of offices and will continue to occupy its Topeka corporate headquarters.


More information about Guggenheim is available at  www.guggenheimpartners.com.

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