Raymond A. Potts II, 52, of Sedalia, Missouri and the owner of Potts Contracting Group, Inc., pleaded guilty Friday to looting the company 401(k) plan and making false statements to a government agency, the US Department of Labor. According to prosecutors, commencing in January 2001, Potts embezzled $382,334 from his company's 401(k) plan by failing to forward appropriate pension contributions. Potts has a prior history of failing to comply with employee benefit regulations. In 1997 he was subject to a consent agreement with the Department of Labor on similar charges and agreed to pay $68,419 that was owed to the plan at that time. In the current case, Potts faces up to 5 years in prison plus restitution and a fine of as much as $250,000.Read the DOJ's announcement of Potts' guilty plea here.
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