The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future.

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2 years ago

Attachment 7 EDNY Percy v Employer and Owners 21-cv-01366 Complaint

  • Text
  • Employer
  • Defendants
  • Operator
  • Nursing
  • Minority
  • Intervention
  • Rehabilitation
  • Pageid
  • Brooklyn
  • Benefits
  • Attachment
  • Edny
  • Percy
  • Owners
  • Complaint

Case

Case 1:21-cv-01366-NGG-SJB Case MDL No. 3011 Document 25-7 1 Filed Filed 03/15/21 06/24/21 Page Page 46 of 4697 of PageID 97 #: 46 million in his fraudulent scheme. Philipson caused insurance invoices to be issued to each of the Employer Defendants while Philipson was in control of the Employer Defendants. Philipson's fraudulent insurance scheme invoiced Employer Defendants for premium that Philipson's insurance entity was collecting as alleged premium payments, although Philipson did not intend on procuring insurance coverage. The facts pled in the Complaint in Index 609877/2019 are that Philipson secretly used the funds paid into their Plan. The premium payments paid by the Employers "were paid toward third-party insurance providers, and the majority of the premium payments were diverted to Philipson's secret insurance entity to fund his own insurance vehicle". The Complaint Index 609877/2019 sets forth facts that Philipson formed his own insurance entity and that his insurance entity was the insurance provider to Plaintiffs/Defendants in Intervention, wrongfully diverting funds away from Employers into his secretly formed insurance entity. 174. Each Plaintiffs must be compelled to pay into trust its liability to their Plan, admitted by the Plaintiffs to be the million fund sought in Nassau County Action 609877, Plan assets lost by the Plaintiffs, to be paid to trust to cover benefits under the Program, individually tabulated by prorating each Plaintiff’s estimated payroll to the payroll of all Plaintiffs, as follows: Employer Defendant 53 Mil Baypark ,452,593 Brookhaven ,122,630 Eastchester ,344,023 Golden Gate ,249,283 Grace Plaza ,048,571 Hamptons ,692,384.28 Nassau ,944,929.88 New Surfside ,064,219 Park Avenue ,543,870 Southpoint ,576,386 Springcreek ,324,622 Throgs Neck ,904,549 Townhouse ,387,141 Fourth Cause of Action against Certain Identified Employer Defendants to Recover million in Plan Assets Diverted by Parties in Interest in Prohibited Transactions 175. All the allegations previously stated are re-alleged and incorporated herein. Intervention Pg. 111 Par 239. 176. million has been lost on Prohibited Transactions during the period covering June 11,2010 through May 1, 2018 due to the intentional or negligent acts of the Employer Defendants under the control of Philipson and/or Sentosa Care LLC in failing to protect 46

Case 1:21-cv-01366-NGG-SJB Case MDL No. 3011 Document 25-7 1 Filed Filed 03/15/21 06/24/21 Page Page 47 of 4797 of PageID 97 #: 47 their Plan assets and maintain the Plan assets in trust for Program purposes. Intervention Pg. 111 Par 240. 177. Upon information and belief, the million overlaps the million set forth in the First Cause of Action to cover the Employer Defendants' liability, the million identified in the Complaint in this Nassau County Case 609877/2019, as stated in the Intervention Complaint which was filed at Docket #7 of Nassau County case 609877/2019 and was removed to the EDNY Case 20-cv-06291. Intervention Pg. 111 Par 241. 178. The million has been lost to prohibited transactions, not providing benefits to the Class. Instead of the million being maintained in trust, the million has been diverted, Plan assets which have been converted and stolen away employee benefits from their Plan due to the intentional or negligent acts of the Employer Defendants and their Owner Operators. Intervention Pg. 111 Par 242. 179. This million liability of the Employer Defendants to their Plan, is in the alternative to some of those Employer Defendants which are also Plaintiffs in this Action calling for the disgorgement by the Plaintiffs of the million. Intervention Pg. 111 Par 243. 180. The several liability of each Employer Defendant to be paid to trust to cover benefits under the Program, prorated be each Employer Defendants’ estimated payroll as a ratio to the payroll of all Plaintiffs in this Nassau County Action Case 609877/2019. The name and their percentage of the million that was allocated to each Plaintiff, is as follows: Intervention Pg. 111 Par 244. Employer Defendant 68 Mil All American School Bus 7,635 Allstate 1 Amerifalls 3,474 B&B Baypark ,973,084 Bayview Home ,001 BeSure ,890 Birchwood ,983 Blue Star 9 Bronx Gardens ,658 Brookhaven ,699,159 Brookside ,398,624 Caring Companion 6 Caring Professionals 6,100 Cayuga Ridge ,872 Clear Choice ,674 Clinical Staffing Resources ,986 Cold Spring ,300,927 Comfort Loving ,824 47

Alternative Employment Practice Percy Program