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Madoff-Related Liability Insurance Litigation
ERISA Fiduciary Guidebook
July 20, 2009
Excerpt: [A recent case has been] filed in connection with a profit sharing plan where 100% of the assets ($12,000,000) was invested with Bernard L. Madoff Securities LLC.... The Complaint filed by the plan sponsor against the insurer provides an indication as to the allegations being made by the DOL in requiring the plan sponsor to restore losses. According to the Complaint, the DOL is claiming 'errors' on the part of fiduciaries: In failing to obtain a signed statement from Madoff acknowledging he was a fiduciary and registered as an investment advisor under The Investment Advisors Act of 1940. In failing to provide the DOL with copies of quarterly performance reports, written quarterly investment reviews, information on costs associated with the Plan, and an Investment Policy Statement.
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