Porter Bancorp to Pay $1.1M to Settle Labor Dept. Lawsuit

Porter Bancorp in Louisville, Ky., has agreed to pay $1.1 million to settle a lawsuit alleging mismanagement of a former client's employee stock ownership plan.

The $1 billion-asset company's PBI Bank had served as trustee for the ESOP of Miller's Health Systems, a Warsaw, Ind., operator of long-term care and assisted-living facilities. The U.S. Labor Department accused PBI Bank of advising the ESOP to purchase stock in Miller's Health Systems at a price higher than fair value. The advice was not given for the primary benefit of the plan participants, the Labor Department said.

The $1.1 million settlement will be paid to the ESOP to restore losses to the plan's participants. PBI also agreed to pay $83,750 directly to Miller's Health Systems, and to pay penalties of $113,636 to the Labor Department.

PBI Bank also agreed to a permanent ban on serving as a fiduciary or service provider to any plan covered under the Employee Retirement Income Security Act, "except in very limited circumstances," the Labor Department said in a news release. It did not provide details on the limited circumstances.

The settlement will not impact Porter's financial condition or operating results, the company said in a news release. The settlement funds will come from Porter's legal reserves or from insurance.

For reprint and licensing requests for this article, click here.
Community banking Law and regulation Kentucky
MORE FROM AMERICAN BANKER