House, Senate Leaders Demand Criminal Investigation into Labor Department’s Public Comment Scandal

House, Senate Leaders Demand Criminal Investigation into Labor Department's Public Comment Scandal

WASHINGTON - Today, House Committee on Education and Workforce Ranking Member Robert C. "Bobby" Scott (D-VA-03), House Judiciary Committee Ranking Member Jamie Raskin (D-MD-08), and Senate Health, Education, Labor, and Pensions Committee Ranking Member Bernie Sanders (I-VT) demanded the Department of Justice (DOJ) Attorney General Todd Blanche and Federal Bureau of Investigation (FBI) Director Kash Patel open a criminal investigation into the reported use of unverifiable or stolen identities to submit public comments. Ranking Members Scott and Sanders also called on Department of Labor (DOL) Acting Secretary Keith E. Sonderling and DOL Inspector General Anthony P. D'Esposito to investigate the matter.

According to Bloomberg News, thousands of "fake" comments were submitted in support of the Department of Labor's (DOL) proposed rule establishing a legal safe harbor for 401(k) plans to invest in risky assets such as private equity, cryptocurrency, and other "alternative assets."

Nearly 12,000 public comments in support of the proposed rule reportedly showed signs of being manufactured. In certain cases, Bloomberg News identified people who denied ever submitting a comment. In other cases, reporters identified people who "said their relatives couldn't have done so because they were dead."

In their letter to DOJ and FBI, Ranking Members Scott, Raskin, and Sanders wrote, "Unlike the more than 30,000 public comments opposing the rule, these supportive comments failed to include the commenter's city, state, or email address…This is incredibly concerning. As you know, federal law prohibits knowingly making any materially false statement or representation in any matter within the jurisdiction of the executive, legislative, or judicial branch. Making false statements is a serious crime, and defendants have been convicted and sentenced to prison on that count alone. It is imperative to find out whether federal law was violated in this case and, if it was, ensure that those who broke the law are held accountable."

In his letter to DOL Inspector General D'Esposito, Ranking Members Scott and Sanders wrote, "This reporting clearly warrants an [Office of Inspector General] audit. Given your stated concern regarding persons who 'brazenly steal American identities,' I hope that the concerns outlined in the article will prompt you to begin an audit immediately. It is imperative that the American people continue to have faith and confidence in the integrity of the public comment process for DOL rulemakings."

In his letter to DOL Acting Secretary Sonderling, Ranking Member Scott wrote, "This reporting is incredibly concerning and raises legitimate questions about whether the public comment process for DOL rulemaking has been corrupted. The reporting also magnifies the lack of verifiable public support for DOL's Proposed Rule, representing yet another reason why it should be withdrawn."

Background:

On June 2, 2026, Ranking Member Scott, Ranking Member Sanders, and Senate Committee on Banking, Housing and Urban Affairs Ranking Member Elizabeth Warren (D-MA) urged DOL to rescind its proposal to allow private equity, digital assets, private credit, and other "alternative assets" to be included in 401(k) plans.

To read the full letter to DOJ Attorney General Blanche and FBI Director Patel, click here.

To read the full letter to DOL Inspector General D'Esposito, click here.

To read the full letter to DOL Acting Secretary Sonderling, click here.

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