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I was out all day yesterday so I am just seeing your post.
You would not need a forensic audit to determine if your contributions had been made and properly applied. You should have received an annual statement each year reflecting the contributions to your account based on your share of the profits. I would leave out forensic and just use the term audit and add at the end of the sentence "as part of that litigation". This demand would have no adverse consequences. Having the same person both plan administrator and trustee in small self administered plans is not uncommon and is not prohibited. You should send the letter both certified and regular mail. If the certified letter is not picked up and the regular letter is not returned, you will know it was received. You can call the office on the 10th day to see why there was no response and that will tell you if he is on vacation.
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