describing the “same rate" representation made to White Mountain Advisors, the SAC alleges that "BNYM made this false representation [presumably referring to the “same rate” representation] systematically.” It then noted that the Bank had a policy with respect to ERISA plans. SAC ¶ 84. This is insufficient to allege with particularity that the Bank directed the statement of its ERISA policy to ERISA clients. 257 . United States ex rel. Bledsoe v. Community Health Sys., Inc., 501 F.3d 493, 511 (6th Cir.2007). 258 . The Court need not decide whether representative examples need not be pled if the SAC were adequately to allege that a representation was disseminated to ERISA clients through a particular mechanism. The SAC fails to make such allegations here. 259 . Autuori, 212 F.3d at 118 (<HOLDING>). 260 . Remington Rand Corp. v.
holding that erisas duty of loyalty creates a duty to disclose certain information to beneficiaries recognizing that there may be liability for mail fraud where defendant omits information it has duty to disclose holding that the prosecution may establish the intent element of mail fraud by proving that the defendant was reckless holding defendant owes a duty to disclose where the defendant alone has knowledge of material facts which are not accessible to the plaintiff holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant