With no explanation, chose the best option from "A", "B", "C" or "D". Plaintiffs are. entitled to recover at least what Whittington himself gained through his fraud. “[U]nder Texas law, a trustee may be required to forfeit any gains received while engaging in self-dealing involving trust property.” Lee v. BMCY, Inc., No. 3-01-CV-1262-BD, 2002 WL 81045979 (N.D.Tex. Sept. 11, 2002) (citing Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 200-01 (Tex.2002), Burrow v. Arce, 997 S.W.2d 229, 237-39 (Tex.1999), and Slay v. Burnett Trust, 143 Tex. 621, 187 S.W.2d 377, 389 (1945)); see also Daniel v. Falcon Interest Realty Corp., 190 S.W.3d 177, 187 (Tex.App.-Houston [1st Dist.] 2005, no pet.) (“A fiduciary must account for, and yield to the beneficiary, any profit he makes as a result of his breach of fiduciary duty.”); Crenshaw, 611 S.W.2d at 890-91 (<HOLDING>); Restatement (Third) of Restitution and Unjust

A: holding that equitable restitution is available but that legal restitution is not
B: holding that the fact that no harm was suffered as a result of the breach of duty is immaterial because a selfdealing fiduciary faces strict liability ordering equitable restitution of contributions to partnership
C: holding only a party to the partnership agreement can breach it and be liable for a breach of fiduciary duty relating to partnership obligations
D: holding that monetary damages may be awarded in a  1132a3 claim because when sought as a remedy for breach of fiduciary duty restitution is properly regarded as an equitable remedy because the fiduciary concept is equitable
B.