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Interview With A Whistleblower: "The Spirit of Resistance is Alive and Well"

By       Message Barry Sussman     Permalink
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Part 3:



After a few months of research by the Bloomberg reporter, he called me to convey certain findings. The first was that several lobbying organizations in the investment and 401(k) industry had engaged in what he called a "whisper campaign" against me to neutralize my influence with Congress on the media. 


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A reporter from Bloomberg Television first alerted Hutcheson that he was being targeted by elements within the Department of Labor 


He also conveyed the previously unthinkable, that the Department of Labor was resisting Congress' full transparency initiative due to its loyalty to Wall Street. He further conveyed that he suspected that the 401(k) industry was more closely "associated" with the Department of Labor than was appropriate. At the time, I could not contemplate what that might mean.


I later learned that the Department of Labor was complicit in a scam that permitted certain lobbying groups to skim (steal) money from pension plans and use that money to buy influence with the Department of Labor. It becomes clear why the Department of Labor was engaged in a "whisper campaign" against me  a  year ago; I was threatening future private sector opportunities for Labor's leadership. That is the scandal I blew the whistle on. 


I did not feel right about what the Department of Labor was doing. I objected to it in the most fundamental terms and at my most basic visceral level of conscience. After nine months of resisting the Department of Labor's misguided demands that I participate in its abuse of the businessman who sponsored the Employee Stock Ownership Plan (ESOP), a "final straw" moment occurred. That moment occurred in 2010. The Department went too far by asking me to file a false declaration to the judge in case number 2:2010cv09662 with the intent to falsely preserve the case from being dismissed. 


The Department of Labor sent a threatening letter and then began legal proceedings against me in retaliation. The letter stated that the Department had launched an "official" investigation against me; its only cause was because I would not capitulate. Later, in 2011, the Department of Labor told the press that it had only launched the investigation at that time, nearly two years later, to coordinate its story with an unrelated matter that it intended to use as leverage against me, and to raise a smoke screen to cloak the 2010 matter. The unrelated matter is discussed in greater detail in the PBS Frontline documentary notes. 


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Barry Scott Sussman- Born and raised in New Jersey. Graduated from Rutgers University with a BA in Sociology. Graduated with a JD from the Benjamin Cardozo School of Law specializing in Federal Criminal Procedure and Federal Prosecutorial (more...)

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