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WALSH v. VINOSKEY

No. 20-1252.

19 F.4th 672 (2021)

Marty WALSH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. Adam VINOSKEY; The Adam Vinoskey Trust, Defendants-Appellants, and Evolve Bank & Trust; Michael New; Sentry Equipment Erectors, Inc.; The Sentry Equipment Erectors, Inc. Employee Stock Ownership and Savings Plan, Defendants. Kim Blaugher, Executive Director of the Beyster Institute at the University of California San Diego's Rady School of Management; American Society of Appraisers, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2021.

Attorney(s) appearing for the Case

ARGUED: Lars Calvin Golumbic , GROOM LAW GROUP, CHARTERED, Washington, D.C., for Appellants. Stephen Silverman , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellee. ON BRIEF: Kate S. O'Scannlain , Solicitor of Labor, G. William Scott , Associate Solicitor for Plan Benefits Security, Jeffrey Hahn , Litigation Counsel, Stephanie Bitto , B.A. Schaaf , Plan Benefits Security Division, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellee. Bennett L. Cohen , Denver, Colorado, Robert D. Grossman , Kansas City, Missouri, Gregory K. Brown , Christopher K. Buch , POLSINELLI PC, Chicago, Illinois; Mitchell G. Miller , Solana Beach, California, for Amicus Kim Blaugher. Lynn E. Calkins , Washington, D.C., Louis L. Joseph , Chelsea A. McCarthy , William F. Farley , HOLLAND & KNIGHT LLP, Chicago, Illinois, for Amicus American Society of Appraisers.

Affirmed in part and reversed in part by published opinion. Judge QUATTLEBAUM wrote the opinion, in which Judge NIEMEYER and Judge DIAZ joined.

The Employee Retirement Income Security Act of 1974 (ERISA) prohibits any fiduciary of an employee benefit plan from causing the plan to engage in transactions with a "party in interest" when the party in interest receives more than fair market value. A fiduciary who violates...

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