
Our independence allows us to identify and select the most appropriate program for our clients. This independence provides the environment to establish strategic alliances with industry leaders who share our principles of quality and putting the client first.
We understand and adhere to the principles and guidelines of the DOL and ERISA. Our commitment is to use Best Practice Standards as the foundation for setting up our high standard processVictory acknowledges a shared fiduciary responsibility to help employers reduce liability exposure. The industry is not fulfilling their fiduciary responsibilities to their customers as dictated by the DOL. What’s worse, is that executives believe they are being protected by working with these large institutions. The reality is that institutions have developed retirement programs to protect themselves from liability exposure, which alienates the executives and their companies to defend themselves from fiduciary exposure. The industry has been denying and running from their fiduciary duties. (ERISA)
Our partnership approach drives us to represent you and your employees and not the service provider We will provide a substantial and positive impact on retirement lifestyles of our clients. Being experienced and mature professionals, we put our clients needs first. We are truthful and believe the client is always entitled to the truth. Our employees are rewarded financially in the success of our clients As a development company- we are always looking for better ways to improve our program - Good is never Good enough. Selected Quotes from the Department of Labor’s Amended Brief of the Secretary of Labor Opposing the Motions to Dismiss Re: Pamela Tittle, et al., v. Enron Corp., Oregon Corporation, et Educating company trustees about their fiduciary roles and responsibilitiesThe Secretary files this amicus brief expressing her view that, based on the allegations in the Complaint ERISA required the fiduciaries to take action to protect the interests of the plans, their participants and beneficiaries, and that ERISA provides remedies for the failure to have done so.
ERISA’s fiduciary obligations are among the “highest known to the law.” Bussian v. RJR Nabisco, 223 F.3d 235, 294 (5th Cir. 2000), They do not permit fiduciaries to ignore grave risks to plan assets, stand idly by while participants’ retirement security is destroyed, and then blithely assert that they had no responsibility for the resulting harm,
Corporate officers who appoint fiduciaries must “ensure that the appointed fiduciary clearly understands his obligations, that he has at his disposal the appropriate tools to perform his duties with integrity and competence, and that he is appropriately using those tools,” Martin v. Harline, 15 EBC 1138, 1149 (D. Utah 1992).
The Supreme Court has expressly held that a non-fiduciary party-in-interest who has actual or constructive knowledge of the circumstances that made the fiduciary’s actions a breach of duty and participates in that breach can be liable for appropriate equitable relief under ERISA.
Fiduciaries have the most important, yet most misunderstood role in the investment process: to manage the investment practices, without which the other components of the investment plan can be neither defined, implemented, or evaluated. Statutes, case law, and regulatory opinion letters dealing with fiduciary status further reinforce this important concept.
The legal and practical scrutiny a fiduciary undergoes is tremendous, and it comes from multiple directions and for various reasons. It is likely that complaints and/or lawsuits alleging fiduciary misconduct will increase. Fiduciary liability is not determined by investment performance, but rather by whether prudent investment practices were followed. It’s not whether you win or lose, it’s how you play the game.










