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On January 12, 2021, the United States Department of Labor (“DOL”) entered into a consent order with another fiduciary of an employee stock ownership plan (“ESOP”). The consent order in Scalia v. Professional Fiduciary Services, LLC[1] (the “Order”), which requires payment from the fiduciary to the ESOP to settle all of the DOL’s claims, did not contain a process agreement for the fiduciary to follow when undertaking future fiduciary assignments. However, it does contain some surprising provisions, particularly in light of the lack of regulations or other guidance available to ESOP fiduciaries.