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Lack of Diversification-Settlement

Guest alan24

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These are the facts. The trustee of a profit sharing plan invested all of the plan's $ in internet stocks. The plan assets went down 75%. Now, I would like to recover some of the losses due to the fact that the trustee acted imprudently and failed to diversify the plan's assets.

Can the Trustee make me whole by putting $ back into the plan or does he have to pay me "outside" of the plan, which I assume would be taxable. Of course, my preference is that the $ be returned to the plan. Also, does the Trustee need to make all other participant's whole, or can he just make me whole?

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