Brock v. Lindemann

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This is an ERISA case. 1 It involves the Lee Optical Pension and Profit Sharing Plan (“the Plan”).

After a non-jury trial on the merits, judgment was entered against the defendant Theodore Shanbaum for over $1 million, the amount of losses suffered by the Plan as the result of misconduct by Shanbaum. 2 However, both Shanbaum and his former wife, Bernice Shanbaum, are receiving benefit payments under this Plan — and the present Trustee now claims that these payments should, instead, be applied as offsets to the judgment against Theodore Shanbaum.

This…