Rodrigues v. United Public Workers, AFSCME Local 646, AFL-CIO.

Opinion of the Court by

WILSON, J.

I. Introduction

Petitioner Gary Rodrigues (Rodrigues) is the former State Director of United Public Workers, AFSCME Local 646, AFL-CIO (UPW) and a former administrator of UPWs Mutual Aid Fund trust (MAF), an employee benefit plan established to provide hospital and related benefits to UPW members and their families.

In 1998, Rodrigues, as the MAF’s plan administrator, made six loans totaling $1.1 million to Best Rescue Systems, Inc. (Best Rescue) a startup company located in’ Florida. Best Rescue never repaid the loans and in October 2003, the MAF filed a…