Landwehr

The plaintiffs are beneficiaries of the Astoria Seafood Company Profit Sharing Plan (“the Plan”). They brought this action on behalf of the Plan, alleging that Darren Du-Pree and his co-defendants violated the Employee Retirement Income Security Act of 1974 (ERISA). According to the plaintiffs, DuPree, a chauffeur for the company’s owner, improperly received funds totalling $89,-000 from the Plan. The district court granted in part the plaintiffs’ motion for summary judgment against DuPree, concluding that DuPree was a “party in interest” with respect to the Plan and that he engaged in transactions prohibited by ERISA, 29 U.S.C. § 1106 (a). The court ordered that DuPree make restitution to the Plan totalling $58,000 in monthly installments of $600, but concluded that DuPree was not liable for an additional $31,000 that he transferred to a Louisiana bank at the request of the Plan’s fiduciary.

We conclude that DuPree is hable to the Plan for at least $54,000 of the sums that he improperly received, but agree with the district court that he is not hable for the $31,000 that he transferred to Louisiana. We remand for further proceedings on the question whether he was…