Knut A. Rostad: Why EBSA Crypto Guidance Reversal is 'Absolutely Awful Decision'

Recently the Department of Labor’s (DOL) Employee Benefits Security Administration announced that it has rescinded its 2022 guidance that discouraged retirement plan fiduciaries from including cryptocurrency investments in 401(k) plans.

The move is seen as a removal of a big regulatory roadblock that forced plan fiduciaries to exercise “extreme care” before adding crypto to 401(k) investment menus, in line with the Trump administration’s expressed desire to eliminate what it sees as regulatory overreach and that investment decisions should be made by fiduciaries, and not D.C. bureaucrats.

Knut A. Rostad, Co-Founder and President of the Institute for the Fiduciary Standard, one of the most outspoken advocates of the need for a fiduciary standard to protect investors, is no fan of the decision, and explains why in colorful terms on this episode of the 401(k) Specialist Podcast.

Key Insights:

DOL Crypto Guidance Reversal Sparks Fiduciary Concerns
Knut Rostad sharply criticized the Department of Labor's decision to rescind its 2022 guidance discouraging crypto in 401(k)s, calling it a “sucker punch” to retirement investors and a dangerous shift away from fiduciary duty.

Fiduciary Oversight Diminishing Across Agencies
Rostad argues that the DOL’s move undermines its fundamental role and signals a broader decline in regulatory accountability—raising alarms about fiduciary standards at both the DOL and SEC.

Crypto and Private Equity Pose Participant Risks
Despite fewer restrictions, fiduciaries are urged to avoid adding crypto and private equity to plan menus due to volatility, lack of transparency, and custody issues—likening such moves to gambling.

SEE ALSO:

• EBSA Rescinds Guidance Warning Against Cryptocurrency in 401(k)s
• Better Markets Rips DOL Decision to Rescind 2022 Crypto Guidance