October 2008 - Over the last eighteen months, the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL), through its Director of Enforcement, has indicated that it would view the receipt by a fiduciary of any gifts or gratuities from a plan service provider or other third party, even items of modest value, as a potential violation of ERISA’s “anti-kickback” rule (ERISA § 406(b)(3)).