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Text of DOL Amicus, in Re: Beacon Securities Litigation, in Support of Plaintiffs' Memoranda in Opposition to Defendants' Motions to Dismiss Claims
U.S. Department of Labor [DOL]
[Official Guidance] Nov. 9, 2010
Excerpt: The brief of the Secretary of Labor addresses the following issue: Whether the plaintiffs, participants in numerous ERISA plans whose assets were invested in Bernard Madoff's fraudulent schemes, state a plausible claim that Defendant Ivy Asset Management LLC ..., a company which allegedly provided for the selection of and access to hedge fund and unregulated investment managers, such as Madoff, not available to the general public, provided investment advice for a fee, and thus was an ERISA fiduciary under [ERISA][.]
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