They say the road to "the other place" is paved with good intentions. Usually, this is someone else's problem. But what happens when that "someone else's" problem trespasses onto your domain? Do you look the other way? Or will that implicate you? Do you blow the whistle? Or will that get you fired?
Chances are, the typical 401(k) plan sponsor won't purposely engage in nefarious acts. There may be times, however, when otherwise innocent and perhaps even common sense actions unknowingly cross the fiduciary line (see "How Many Small Business Owners Accidentally Trap Themselves with This Treacherous 401k Fiduciary Conflict?" FiduciaryNews.com, August 13, 2019).
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