Terminate plan with "ponzi'd assets"

[Guest JPIngold]

This is a strange question, but I am just wondering if there are any legal minds out there willing to chime in. If a plan is possibly the victim of a ponzi scheme, is there any legal reason to keep the plan in tact or does it matter from a recourse point of view.

In other words, if the plan is terminated and the plan assets rolled to IRAs, does the victim lose any of its recourse opportunities once the assets move to an IRA.

I'm no attorney, so I don't want to recommend plan termination if it would jeopardize recourse against the wrongdoer.