An insurance producer has $2$ companies. One company provides consulting services to a union health and welfare plan, and the second company sells life insurance to the plan. While the producer is the plan's consultant, the plan funded almost $$1$ million in premiums for the purchase of life insurance. The producer received mbre than $$550,000$ in commissions. The Department of Labor sued the producer on behalf of the plan and its members based on

Recommending unsuitable purchases.

ERISA fraud.

Breach of fiduciary duty.

Discretionary control.