One of the reasons I’ve stayed out of trouble in the retirement plan space is that I haven’t strayed too close to the sun. I’ve avoided trouble by not pushing the boundaries of the rules and regulations promulgated by the Internal Revenue Service and the Department of Labor (DOL).
What Fidelity has done with trying to offer cryptocurrency in a 401(k) plan despite the DOL’s warning on it, is different from what you and I can do. Fidelity can afford to butt heads with the DOL and they have enough weight in the industry, that they can change the minds of the DOL’s decision-makers.