FOLLOW US

America August 14, 2025 2 mins read

North Carolina Federal Court Allows Bank of America 401(k) Forfeiture Suit to Proceed

America ı By Rochdi Rais

0 Comments

North Carolina Federal Court Allows Bank of America 401(k) Forfeiture Suit to Proceed

A North Carolina federal judge has refused to dismiss a proposed class action against Bank of America, affirming claims that the bank misused 401(k) plan forfeitures in violation of federal benefits law. The decision allows the Bank of America 401(k) forfeiture suit to move forward.

U.S. District Judge Max O. Cogburn Jr. denied Bank of America’s motion to dismiss the Employee Retirement Income Security Act (ERISA) lawsuit filed by Esmeralda Becerra, a participant in the bank’s employee 401(k) plan, on behalf of a proposed class of plan participants.

Judge Cogburn found that Becerra had adequately alleged that Bank of America, its benefits committee, and other company defendants acted as fiduciaries to the plan and breached their duties by using plan assets to reduce new employer contributions. The judge also upheld claims that the bank violated ERISA’s anti-inurement provision, which prohibits plan assets from benefiting an employer and mandates that assets be used exclusively for plan participants.

Additionally, the court allowed claims concerning ERISA-prohibited transactions and failure-to-monitor allegations to proceed, noting that the use of forfeitures to offset employer contributions could constitute prohibited self-dealing.

Becerra initially filed her lawsuit in California in August 2024, with the case later transferred to North Carolina in October. Her amended complaint, filed in March 2025, asserts that Bank of America’s allocation of forfeitures to reduce employer obligations rather than cover plan expenses violated federal benefits law.

“We appreciate the court’s ruling, which we believe correctly applies ERISA’s law regarding the defendant’s use of forfeitures, and we look forward to prosecuting the case,” said Vahan Mikayelyan, attorney for the proposed class.

Becerra is represented by Joshua H. Haffner, Alfredo Torrijos, and Vahan Mikayelyan of Haffner Law PC, and Norris Arden Adams II of Essex Richards PA. Bank of America is represented by Robert A. Muckenfuss and Zachary L. McCamey of McGuireWoods LLP, and Jeremy P. Blumenfeld, Mary Ann F. McNulty, and Matthew A. Russell of Morgan Lewis & Bockius LLP.

The case is Becerra v. Bank of America Corp. et al., case number 3:24-cv-00921, in the U.S. District Court for the Western District of North Carolina.

Previous Article

Chancery Approves $7.5M Attorney Fee in $50M Lutnick Bonus Dispute

Read More
2773 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 03, 2026
Diesel Crisis: G7 Deal Leaves Questions About New Supply
By – Michallie Harrison
America October 2, 2026
Judge Refuses to Dismiss Labor Union’s…

What This Ruling Changes Starbucks failed to persuade a federal…

By – Samuel Lopez
America October 2, 2026
Pentagon’s Project Meridian Gives Musk, Luckey…

Key Takeaways The Pentagon has commissioned Project Meridian, a 120-day effort…

By – Samuel Lopez
America October 2, 2026
Every Pentagon UAP File Drop Has…

Signals Ahead of Release 7 All six PURSUE UAP tranches…

By – Samuel Lopez
America October 2, 2026
Molestation Allegations Rock Kern County Political…

Molestation allegations involving former Kern County Supervisor Zack Scrivner have…

By – Jackie Allen
America October 2, 2026
Rioters in France: School Protests Escalate…

Rioters in France escalated a growing wave of student demonstrations…

By – Jackie Allen
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
Cornell University Rape Case Escalates as…

The Cornell University rape case has taken a dramatic new…

By – Rachel Moore
America October 2, 2026
Atlantic Coast Insurance Suspension Follows Growing…

The atlantic coast insurance suspension has added another layer of…

By – Rachel Moore
America October 2, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs…

A major shake-up is coming to Kaiser Permanente’s California workforce,…

By – Rachel Moore
America October 2, 2026
ICC Ends Contract With French Insurer…

The International Criminal Court has severed its health insurance relationship…

By – Rachel Moore
America October 2, 2026
Minnesota Health Insurance Rates Rise as…

Minnesota residents buying health coverage outside employer-sponsored plans are heading…

By – Rachel Moore
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America September 30, 2026
Two-Time NBA Champion J.R. Smith Arrested…

What We Know About the Smith Arrest Smith, 41, is…

By – Samuel Lopez
America September 30, 2026
Former NASCAR Driver Jennifer Jo Cobb…

What This Verdict Means A North Carolina jury found former…

By – Samuel Lopez
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter