Fact Sheet | Fiduciary rule

FAQ Trump is pushing to include risky assets like crypto and private equity in 401(k)s: Why this endangers retirement savers and the economy

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Key takeaways 

President Trump has veered away from the path that previous administrations have taken on 401(k) and other retirement plans. Instead of protecting the millions of workers with retirement accounts, his administration is trying to knock down guardrails that protect retirement savers.

Trump is proposing to make risky investments more widely available to ordinary savers and make it harder to sue the retirement plan sponsors and advisers who encourage these types of investments.

What kinds of problems could these changes cause?

  • Some retirement savers might experience life-altering losses if retirement plan sponsors and advisers steer them into risky and hard-to-value investments like private equity and cryptocurrencies.
  • Investment options that Trump is promoting include privately traded investments that may be difficult to sell when workers are ready for retirement and digital collectibles that have no intrinsic value but are simply a gamble that someone will pay more for them later.
  • Marketing risky investments to millions of retirement plan participants is a way to bail out billionaires at the expense of ordinary savers at a time when pension funds and other sophisticated investors are souring on some of these investments.
  • A speculative bubble like the one in the roaring 1920s might grow and lead to a crash with economywide repercussions.

The Trump family has seen enormous profits from cryptocurrencies in 2025. The crypto-based businesses they set up last year may be worth as much as $2 billion.

In an executive order dated August 7, 2025, President Trump called for a reexamination of regulations and guidance for retirement plans. Trump asked regulators to encourage retirement plan administrators to include risky options like alternative assets (or “alts”) in 401(k) and similar retirement plans. Alternative assets could be funds invested in private equity and cryptocurrencies, assets that lack strict regulation and whose value and risk can be hard to assess compared with other types of investments. Because of this, many consider alts to be unsuitable for retirement plans. Trump’s executive order listed direct and indirect interests in private market investments, real estate, digital assets, commodities, infrastructure, and longevity risk-sharing pools.

Currently there are no explicit bans on offering these types of investments in participant-directed retirement plans, but employers and advisers who serve as retirement plan fiduciaries can be sued for including inappropriately risky and costly assets among investment options. (Fiduciaries are required by law to act in the best interests of retirement plan participants.) Outside of retirement plans, marketing private equity and other largely unregulated alternative assets to small investors is mostly prohibited by securities laws, regulations, and agency guidance—though cryptocurrencies and other digital assets can be sold to anyone.

Whether due to fiduciaries’ litigation fear or common sense, alts like private equity have so far made little headway in the 401(k) space, though some major players began marketing managed funds with alternative asset components to 401(k) plan sponsors even before Trump issued his executive order.


What did Trump’s executive order instruct regulators to do?

Trump’s executive order directed the Department of Labor (DOL) to consider rescinding a Biden-era guidance expressing concern about risks associated with private equity. DOL dutifully rescinded the guidance on August 12, 2025, less than a week after Trump’s order, supported by a report from the president’s Council of Economic Advisers touting the supposed benefits of alts for retirement savers.

What are the alternative assets mentioned in Trump’s executive order?

Private market investments, cryptocurrencies (including different types of cryptocurrencies like stablecoins and meme coins), and other alts

What is Trump’s history with private equity?

In the past, Trump made critical remarks about private equity, even threatening to close the lucrative “carried interest” tax loophole that benefits private equity general partners. But more recently he has catered to Wall Street billionaires, including many in his administration, by expanding their tax breaks.

What is Trump’s history with crypto?

As in the case of private equity, Trump was once critical of cryptocurrencies, but since then he and his family have amassed upwards of two billion dollars in crypto schemes, including interests in meme coins and stablecoins. Since these are by far the most lucrative business ventures the family has embarked on since Trump’s political success enabled them to cash in on the fervent loyalty of his followers and people seeking political access or favors, it is not surprising that Trump, the self-styled “crypto president,” has been eager to undo attempts by the Biden administration to rein in crypto.

What is Trump’s rationale for adding alts to 401(k) investment options?

Trump’s executive order is framed as an effort to “enhance” plan participants’ net risk-adjusted returns by “democratizing access to alternative assets” currently available to pension funds and other institutional investors, even though the smart money is reducing its exposure to these assets. The executive order paints regulations as impediments standing in the way of the “competitive returns and asset diversification” that retirement savers could achieve.

What laws and regulations currently limit the types of assets that can be sold to retirement savers and other small investors—and why?

Agency regulations and guidance grounded in ERISA and in securities laws discourage or ban the sale of certain investments to retirement savers and other small investors in order to protect them and the broader economy. Less often mentioned, but also important, is the fact that subsidies enshrined in the tax code give the public a stake in ensuring that investments in retirement plans promote retirement security as intended.

Why do taxpayers have an interest in regulating 401(k) investments?

There is another reason to limit investment options in tax-qualified retirement accounts, in addition to protecting investors and the broader economy: the fact that retirement vehicles are subsidized by taxpayers. In 401(k)s and other tax-advantaged accounts, taxes are levied on investment earnings only once, not annually as with most other forms of income, (among other potential tax benefits). This confers a tax benefit because investment income grows untaxed in the intervening years.

Why does the Trump administration want to classify meme coins as collectibles?

In the 1981 Tax Act history, collectibles are nonproductive (purely speculative) assets because they do not represent claims on income from investments in physical or human capital in the form of profits or interest, but simply reflect the buyer’s belief that someone else will pay more for the asset. They are essentially gambles, except when the buyer has better information than the seller, which is why taxpayers should not subsidize such “investments” any more than they should subsidize poker players, even skilled ones.

Are alts necessary for portfolio diversification?

Diversification can be a valid reason to expand the range of available investment options. However, diversification by itself does not necessarily improve risk-adjusted returns, which depend not only on how correlated returns are, but how high they are, net of fees. While alts are often touted as potential hedges against market downturns, the evidence that they dampen volatility is mixed.

Do alts earn higher risk-adjusted returns, net of fees?

The academic and practitioner debate about whether investing in private equity and other private market assets is worth the high fees, risk, and illiquidity is complicated by the lack of consistent disclosure requirements. As documented by Oxford University professor Ludovic Phalippou and others, private equity general partners, when marketing themselves to pension funds and other potential investors, cite irrelevant or misleading statistics, sometimes manipulating the timing of valuations or excluding funds that have been committed but not yet invested to inflate reported returns. A recent overview published by the American Federation of Teachers, Americans for Financial Reform Education Fund, and the American Association of University Professors examined this question closely and cast doubt on the value of alternative investments for pension funds, especially when adjusting for risk and illiquidity.

How do private markets affect the economy?

While the focus of this FAQ is on retirement savers, the expansion of private markets has broader economic implications. Private equity has a deservedly bad reputation for loading companies up with debt, stripping them of assets, and often driving them into bankruptcy, leaving workers, suppliers, and other stakeholders high and dry.

Do we need more or less financial regulation?

Financial regulations, such as disclosure requirements and fiduciary rules, serve multiple purposes. Regulations protect investors, prevent systemic risks such as bank runs, and disclose information needed for financial markets to direct capital to productive uses, rather than activities that do not promote economic growth but simply transfer wealth from insiders to those with less information like many small investors.

How worried should we be?

Financial regulations follow a predictable cycle, and they are often a victim of their own success. Policymakers strengthen them after financial crises and scandals and then weaken them when these laws work as intended, memories fade, and elected officials see a way to cozy up to an industry with deep pockets. Unsurprisingly, Republicans in Congress have moved to codify Trump’s executive order into law, though many Democrats have also been complicit in passing crypto-friendly legislation, including the GENIUS Act.


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