I get these questions a lot. Here are my best answers.
What is my 401(k) fiduciary risk?
Personal. Unlimited. Lasts six years—even if you retire. That’s why our focus is on your individual fiduciary protection — now and tomorrow.
Don’t 401(k) service providers cover my liability?
No. Their contracts deny any of your fiduciary liability. Our job is to spot your vulnerabilities and close them.
I was told I was protected!
Spoken every day - in an office, but ERISA §410(a) nullifies any promise of fiduciary relief. The Boundary Illumination videos reveal secrets like this.
Who can sue me?
Regulators (Department of Labor) or plan participants can sue - for different reasons and different objectives. It's why know-how and preparation are key.
Why does ERISA 408(b)(2) matter?
408(b)(2) provides the data required for plan overisght. But the only who gets that data is the fiduciary who does the hiring, so guess who takes the blame?
Don’t warranties or insurance protect me?
No and no. Standard business insurance excludes any ERISA claims. Warranty conditions cancel its promises. Let's focus is what works; not false hope.
Do my co-fiduciaries share my liability?
Only if they know what you know - and they won't. You receive 408(b)(2) disclosures; they don't. You take the blame. They take a walk. Let's focus on you.
How do judges determine the winner?
Judges rule based on who has the stronger evidence. Evidence prepared in advance at no cost to you gives you the advantage. That's where we come in.
What do I need to defend myself?
The only tool that counts is your evidence. Evidence with conflicts of interest is useless. We have no conflicts; service providers do.
Isn’t fiduciary liability the employer’s issue?
ERISA §409 says fiduciary liability is personal. Protecting you protects the employer; not the other way around. It's why we focus on you; both you and the employer win.