i received a 1099-R in error

I have an incompetent insurance company investment who sent me another person's private information. when i informed them of this issue, they were not as aghast as i was. i informed them i was no longer comfortable with their service and i wanted to take my investments without penalty to have them rolled over with another company. They sent me two checks. i found out from my financial advisor that only one could be rolled over without penalty. The other, if i kept it, i would be highly taxed since i have not yet reached the age of 59 1/2. So the incompetent insurance company took back the second check within the period of grace and reinvested as if nothing ever happened, yet i received a 1099-R as if i kept and cashed the check they sent. please advise?

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