Read the following excerpt from a US court opinion:
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of a trustee who is liable to the fund. In this regard, the Report of the Senate Committee on Labor and Public Welfare states: The enforcement provisions have been designed specifically to provide both the Secretary and participants and beneficiaries with broad remedies for redressing or preventing violations.... The intent of the committee is to provide the full range of legal and equitable remedies available in both state and federal courts. S.Rep. No. 93-127, 93d Cong., 1st Sess. (1974), reprinted in 1974 U.S.C.C.A.N. 4639, S.2d 857, 865 (N.Y.Sur.Ct.1941) (placing equitable lien upon the beneficial interest of a trustee/beneficiary who had embezzled trust property to compensate wronged beneficiaries of the trust); In re Burr’s Estate, 143 Misc. 877, 257 N.Y.S. 654 (N.Y.Sur.Ct.1932) , aff'd, 239 A.D. 774, 263 N.Y.S. 945
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What is the most suitable continuation to the opinion? Your options are:
A. holding that companys president was trustee of trust funds because he had control and direction over the funds
B. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust
C. holding that trust beneficiaries have no authority to maintain an action as third party beneficiaries of contracts between the trustee and agents of the trustee concerning the internal affairs of the trust
D. holding that the trustee of a nominee trust functions more as an agent than as a true trustee
E. holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds
Reply with [A, B, C, D, E] only.