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The Institute for the Fiduciary Standard

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  • DOL 2023

DOL Rescinds Caution on Crypto

By The Institute on June 1, 2025

Article Originally Published: Investopedia

The Department of Labor threw Biden-era crypto caution to the wind Wednesday, rescinding guidance that had called for employers to use “extreme caution” when including cryptocurrency-based options in retirement plans.

The department said Wednesday it was withdrawing the guidance established in 2022 discouraging fiduciaries from including crypto options for 401(k) retirement plans.1

“The Biden administration’s Department of Labor made a choice to put their thumb on the scale,” Secretary of Labor Lori Chavez-DeRemer said in a press release. “We’re rolling back this overreach and making it clear that investment decisions should be made by fiduciaries, not D.C. bureaucrats.”

The old guidance had highlighted the many risks of buying and holding cryptocurrencies, including extremely volatile valuations, exposure to fraud, and difficulties with record keeping, advising fiduciaries to think twice before including any crypto options in retirement plans offered to employees.2

Department of Labor. “Compliance Assistance Release No. 2022-01.” Fiduciaries are required by law to act in the best interests of their clients.

[Read the full article on Investopedia…]

Dan Moisand

 

Dan Moisand is a nationally recognized fiduciary fee-only financial planner, an Institute Real Fiduciary™ Advisor and Chair-elect of the CFP Board.

The Institute has enshrined the ‘Moisand Rule’ on fiduciary practices. It is basic and is more important today than ever: “You have to avoid conflicts. If I avoid a conflict, I don’t worry about it.”

Watch the video of Moisand speaking here.

Bob Veres

 

Bob Veres is a long term observer of financial planning. His Newsletter, “Inside information” Is a staple of leading planners. In the May edition he writes about fiduciary and the Institute.

"But a much bigger point is that the fiduciary standard—as Knut Rostad of the Institute for the Fiduciary Standard has pointed out—has been determined by the Supreme Court (1963 ruling) to be at the very heart of the Investment Advisers Act of 1940. It is the foundation of what it means to be an RIA registered with the SEC instead of a tipster or a tout."

- Bob Veres, Parting Thoughts ... The SEC's Own Compliance Culture

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