‘Internet facts’ aren’t facts

To the editor:

My name is Kevin Sexton and I was the chief financial officer of Foss Manufacturing Company Inc. until resigning in early 2005.

You have written articles about Foss which included my association with it. Late in 2005, Foss filed for bankruptcy protection and there was an ensuing legal process which included all previous officers. That process concluded in February of 2009.

I am writing you because I have endured ongoing discrimination concerning the allegations, now “Internet facts,” mentioned in your articles. For the last 10 years I have applied for jobs for which I am more than qualified. I have had extremely positive interviews and I am told I am their top choice. Then I am told I will not be hired. I’ve asked why and have been told the articles about Foss were the reason. 

Bankruptcy cases are similar to divorce cases. The filing party wants 100 percent from the other party. Their filings include wide-reaching allegations to support the filing parties’ position, but they are simply allegations not facts. That is why there is a legal process to ascertain the facts and eliminate the allegations.

Since the original Foss filing, I have categorically denied any, and all, allegations to the court. In 2007 I was formally questioned, jointly with the former Foss COO, for about one hour, by court-appointed counsel. The former COO asked the court-appointed counsel, “If Kevin did exactly what you just said we should have done, then why is Kevin here?” There was no response. That was my sole involvement in the Foss bankruptcy proceedings.

I have never been charged with anything associated with their bankruptcy. Yet one would draw the conclusion from your articles that I have. Again, allegations are not facts. However, when put into writing they become “Internet facts”. 

For example, your March 17, 2006, NHBR article states I was paid more than $1 million in excessive compensation above my salary and your Aug. 17, 2007, NHBR article states I was helping myself to millions of dollars and had participated in looting the company. 

The real facts are that no such thing happened. I was paid my salary and nothing else, and that surely did not come anywhere close to $1 million in the combined four years prior to their bankruptcy.

When presented with this information, the creditors agreed that these allegations were incorrect and the court was informed. The question then became: What logical reason would I have to participate in any alleged scheme? The answer was there wasn’t any reason, and the court seemed to lose interest in me at this point. Yet this has never been mentioned in any article.

However, the “Internet fact” that I was paid millions to participate in some sort of financial scheme still exists today. 

Let me emphatically state the real facts. I resigned six months prior to the Foss bankruptcy filing to semi-retire. I had no involvement with Foss after I resigned. I was only paid a salary while employed at Foss. I never knew of, nor was I ever involved in, any looting. I have always denied any, and all, allegations to the court.

I spent one hour being jointly questioned by court-appointed counsel in 2007. I have never been charged with anything associated with their bankruptcy. I do not have any firsthand knowledge of what the 2009 conclusion of the case was. My last contact concerning Foss was the one hour meeting in 2007. 

I will never be certain as to what actually caused the failure of Foss Manufacturing Company Inc. I simply have no knowledge of what happened after I tendered my resignation. I will tell you it was an honor to work for such an absolutely wonderful family and with such fine, dedicated and professional people for 28 years and I wish them all the best. 

I am sure you appreciate that the “Internet facts” mentioned in your articles have had and continue to have a severe negative impact on my life. I hope that with these real facts, you will eliminate those articles, or at least any suggestions of my involvement, from your files and, thus, from the Internet.

At the very least, I would respectfully request that you publish this information that I have shared with you so the real facts can be known. 

Kevin R. Sexton