With no explanation, chose the best option from "A", "B", "C" or "D". party to bring a civil action to obtain “other appropriate equitable relief’ to address violations of the terms of a plan. 29 U.S.C. § 1132(a)(2). The Court in Mertens recognized restitution as an appropriate equitable form of relief. — U.S. at -, 113 S.Ct. at 2069. In order “to be entitled to restitution a party must show not only that there was unjust enrichment, but also that the person to be charged had wrongfully secured a benefit, or had passively received one which it would be unconscionable for him to retain.” Geller v. County Line Auto Sales, Inc., No. CV-94-3123, 1995 WL 313123, at *4, 1995 U.S.Dist. LEXIS 8629, at *10 (E.D.N.Y. May 17, 1995) (citing 22 N.Y.Jur.2d Contracts § 449.); see also Blue Cross & Blue Shield of Alabama v. Weitz, 913 F.2d 1544, 1548 (11th Cir.1990) (<HOLDING>) Thus, both Roma Inc. and Joan B. Roma could be

A: holding that payments made by third parties on behalf of debtors are disbursements notwithstanding the debtors lack of control over the funds
B: holding that directors and officers are fiduciaries
C: holding that suits by fiduciaries against third parties wrongfully in receipt of payments preserves the integrity erisagoverned funds  and is consonant with the general goals of erisa
D: holding that erisa employee benefits plan was subrogated to all claims by covered individual against third party for all payments made by the plan
C.