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 more than $550.000 in commissions. The Department of Labor sued the producer on behalf of the plan and its members based on B D Recommending unsuitable purchases. ERISA fraud. Breach of fiduciary duty. Discretionary control.