Answer the following questions analyzing for the issue, rule, application and conclusion:
(1) Did investing in MBS violate the Plan Document requirement to minimize risk, which would in turn be a violation of 29 U.S.C. § 1104(a)(1)(D)? Specifically, the Plan Document begins by stating that “The investment goal of the portfolio is to provide Company with a strategic allocation of investments that minimize risk . . . .” However, the Trustees are not clear what the Plan Document would prohibit as too risky?
(2) Did investing twenty percent (20%) of the Plan in MBS violate the Plan Document’s diversification requirement, in turn violating 29 U.S.C. § 1104(a)(1)(D)?
(3) Did investing in the MBS violate the prudent man standard set forth in 29 U.S.C. § 1104(a)(1)(B)?
(4) Did not selling the MBS sooner violate the prudent man standard set forth in 29 U.S.C. § 1104(a)(1)(B)?
(5) Does the fact that D&C’s managing partner’s son, Larry, worked at the underwriter that was handling the MBS offering, Bear Stearns, implicate 29 U.S.C. § 1104(a)(1)(A)?
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