SEC documents show Romney ran Bain until 2002, not 1999.

Callum Borchers and Christopher Rowland have a big story in the Globe today: “Mitt Romney stayed at Bain 3 years longer than he stated: Firm’s 2002 filings identify him as CEO, though he said he left in 1999.”

This is exactly the kind of story that will cut into Romney’s appeal to independents because it hits a key factor for electability: honesty.

“You can’t say statements filed with the SEC are meaningless. This is a fact in an SEC filing,” said Roberta S. Karmel, now a professor at Brooklyn Law School.

“It doesn’t make a whole lot of sense to say he was technically in charge on paper but he had nothing to do with Bain’s operations,” Karmel continued. “Was he getting paid? He’s the sole stockholder. Are you telling me he owned the company but had no say in its investments?”

The Globe found nine SEC filings submitted by four different business entities after February 1999 that describe Romney as Bain Capital’s boss; some show him with managerial control over five Bain Capital entities that were formed in January 2002, according to records in Delaware, where they were incorporated.

A Romney campaign official, who requested anonymity to discuss the SEC filings, acknowledged that they “do not square with common sense.”

Obama is a known quantity. Romney is trying to build a persona. Glaring contradictions like this do not help. It’s as if Scott Brown claimed to be an independent Republican and then voted for a measure pushed by the fundamentalist wing of the GOP to allow employers to terminate their employee’s reproductive health plans because they disagreed with their personal choices. Oh, wait.



Discuss

44 Comments . Leave a comment below.
  1. I don't get this.

    This is a big deal. It’s not a matter of him just being on paper.

    Why didn’t his campaign anticipate this ahead of time?

    This is a “there you go again” moment.

  2. A big story ... which the Globe didn't exactly get first

    David Corn at Mother Jones has been on this for some time. The other day, Josh Marshall at TPM added some new info. Interestingly, the self-styled “fact-checkers” have been resolute in insisting that Romney left Bain in February 1999, despite the mounting evidence to the contrary; one suspects that now that the Globe has added its imprimatur to the story, they will change their tune. That’s a pretty sad commentary on the fact checkers.

    This seems to be yet another example of an important story being broken on the internet by alt media, but not taken seriously as part of the national conversation until a mainstream media operation jumps on the bandwagon. An interesting phenomenon that we can expect to see repeated more and more frequently.

    • Update:

      The Globe has now acknowledged that it should have credited Mother Jones and TPM, and apparently will do so. It was an unfortunate omission that casts a shadow over what should have been a great day for the Globe. It’s still pretty good, though.

    • Alt media

      This seems to be yet another example of an important story being broken on the internet by alt media, but not taken seriously as part of the national conversation until a mainstream media operation jumps on the bandwagon.

      Let’s just hope that it actually will be taken seriously now.

      To your point about alt media, it makes some sense that the general public is often resistant to fully accept stories that are published by sources that they do not already know and trust. There are so many faulty sources of information out there, and so many alt media sites that cannot be trusted. Personally I’m glad that a lot of the right-wing BS out there doesn’t get taken too seriously. Like it or not, the mainstream media still plays an important role in “vetting” story-lines first identified by lower-tier media sources.

      • The mainstream media is more

        likely to take stuff directly from the right-wing alternative press/blogsophere than the left-wing.

        Ironically, the Globe is acting more like bloggers: taking an established story and amplifying it. If they are smart–and I have serious doubts about the Globe management–they will use alternative media for story sources more often.

        Being the news source of record and doing the vetting can be part of their role in the new news economy.

    • Great minds think alike

      I see that we each posted similar comments pretty much simultaneously.

      Will the GOP nominee be Newt Gingrich after all?

    • Mother Jones is legacy media, not alt media

      It was founded in 1978 and still produces a paper version.

      In any event, your comment provides its own explanation: this story didn’t make it onto BMG until today. There is a hierarchy of credibility in the media. The Globe has been building its brand since 1872. That’s worth a lot.

      The direction, however, is unmistakable. First, newspapers. Then, radio. Then, TV. Now, the Internet. What is interesting to me is how difficult it appears to be to jump media. Almost no big print companies created leading radio or TV brands, and almost none of the existing media conglomerates have been able to develop leading websites. Look at the wipe out that is The Daily. Heh.

      • Date of founding

        and a paper edition doesn’t disqualify one from being “alt media,” IMHO. That term has been around long before reporting took to the internet. Rolling Stone, The Phoenix, Mother Jones, even the Nation – they’re all “alt,” if you ask me.

      • In BMG's defense,

        I did put the story out on Twitter when Mother Jones first reported it, but never did have time to write it up properly.

      • The FCC banned cross media ownership until recently

        and still has some rules in place. I’m certain there are other reasons currently, but that was the primary one for many years.

  3. Why would Romney do this?

    Did Bain do something especially egregious or embarrasing between 1999 and 2002 that he was hoping we would not associate him with?

    • In a word, yes.

      A number of the big job losses and bankruptcies associated with Bain happen to have come in that time period.

      Another possible answer: the same reason he tied his dog to the roof of his car. It seemed like a sensible solution to a vexing problem at the time.

  4. Is the GOP prepared to nominate a felon?

    Here’s what FactCheck had to say (on July 2) about the seriousness of this (emphasis mine):

    The Obama complaint claims we erred in saying Mitt Romney gave up active management of Bain Capital in early 1999 to run the 2002 Winter Olympics, insisting we were then wrong in saying Romney was not responsible for shipping U.S. jobs overseas.

    In fact, if the Obama campaign were correct, Romney would be guilty of a federal felony by certifying on federal financial disclosure forms that he left active management of Bain Capital in February 1999.

    I call your attention to a followup from TalkingPointsMemo, where Josh Marshall shows two additional SEC filings from July 2000 and February 2001 where Bain Capital describes Mitt Romney’s name and title as “Chief Executive Officer, President, and Managing Director”, and his principal occupation as “Managing Director of Bain Capital, Inc.”

    It seems clear enough that Mitt Romney lied about his status at Bain Capital. Is the GOP prepared to nominate a felon for President?

    • He's not a felon until he's been convicted

      And he hasn’t even been charged with a crime in a court of law.

      • Seems likely

        that statutes of limitations on Romney’s false statements, if false statements they are, have probably expired, since we’re talking 10 years ago.

        Still, one wonders whether Massachusetts regulators might want to inquire about some of his disclosures based on what’s emerged in SEC filings.

        • It's a rather sad state of affairs

          if we’re excusing the nomination (never mind election) of a candidate because that felony they allegedly committed can’t be a felony now because the candidate just skirted the statutes of limitations.

          At the very least, if he can’t be tried in court, the media should be amply describing the evidence to the American people so they can weigh the evidence on election day.

          RyansTake   @   Thu 12 Jul 4:45 PM
      • I didn't say CONVICTED felon

        I’m pretty sure that a person who commits a felony is a “felon”, even if he or she gets away with it.

        Surely if the Tea Party, Donald Trump, and their ilk can claim that Barack Obama is ineligible to hold office, the more extremist elements of the left can describe Mitt Romney as a “felon”.

        Does BMG need to qualify this as “alleged felon” or something in order to avoid legal harassment? Just wondering.

        • He lied

          In all this talk about the semantics involved here, let’s not lose track of the fact the he has repeatedly lied about the length of his employment at Bain. Lying seems to be just about the only thing he does with conviction.

      • Bob believes in fair play.

        n/t

  5. Holder charges Romney with a felony while under a contempt charge from Issa.

    Now that’s entertainment.

    • It's more fun than that, even, because

      it surfaces just as Governor Romney (or possibly Citizen Fehrnstrom) decides to call the POTUS of us all a liar in so many words:

      BREAKING – New Romney campaign ad, “No Evidence” — Male narrator: “When a President doesn’t tell the truth, how can we trust him to lead? The Obama outsourcing attacks: ‘misleading, unfair and untrue.’ There was ‘no evidence’ that Mitt Romney shipped jobs overseas. Candidate Obama lied about Hillary Clinton.” (( Politico ))

      Happy days.

  6. As sole stockholder, chairman of the board, chief executive officer, and president

    of Bain, Romney now claims he was not involved in any investment decisions. He was on the SEC filings because he was still technically the owner but hadn’t transferred ownership to other partners.

    If elected POTUS, what other partners can we expect him to transfer ownership to?

  7. I'm more concerned...

    …that he’ll transfer ownership of the USA to Bain Capital, or just put the country in a “blind trust” so he doesn’t have to do that pesky routine governing:)

  8. I believe the operative question is ...

    Were you lying then or are you lying now?

  9. As for Romney's defense ...

    The claim that Romney was listed as CEO because it took the partnership that took over three years to replace him means that, for three years, Bain Capital did not report to the SEC who was actually running Bain Capital.

    • Bain DID report

      As the SEC filings found and published by TPM show, Bain Capital reported that Mitt Romney was its senior executive.

      So either Bain Capital lied to the SEC (and its investors) about its executive team (which is itself serious), or Mitt Romney lied when he filed papers declaring that he was NOT running Bain, or both.

  10. let me get this right

    Romney’s people are saying that he officially held the position for several years after he stopped performing the duties of his job and that he was actually off doing something else during that time.

    Are they getting Bain confused with his tenure as Massachusetts governor??

    • CEO is not something you "officially hold"

      Bain Capital accepted money from investors and made filings to the SEC that proclaimed Mitt Romney as its CEO (and managing director). If Mitt Romney wasn’t acting in that capacity, then I would think those filings were a material misrepresentation.

      • I don't think that is true

        I don’t know of any reason why the responsibilities aren’t delegable. It is quite unusual though.

        There are plausible (but unlikely) explanations that cannot be ruled out based on the Globe article, because Bain is a complex organization of funds, assets, and management, and the Globe neither describes what they are taling about with specificity, nor links a pdf of the SEC filings.

        It is possible that the management entity–which makes no profit and exists only to process paychecks– changed in 1999, so that the thing that Romney was the CEO of was no longer the manager at that point. The article is frustratingly non-informative about crucial technical details.

        In any event, the manner in which these unlikely-but-plausible explanations would be demonstrated involve the release of tax returns, personal and corporate.

        Astonishing that Team Romney wasn’t on this long ago. Hasn’t he been running for President since 2004?

        • The SEC filings HAVE been published here!

          There are two: July 2000 and February 2001.

          Each is identified (in the above links) as a “SCHEDULE 13D (Rule 13-d-101)”.

          They include paragraphs such as the following (emphasis mine):

          (p9, middle)
          Bain Capital Partners VI, L.P., a Delaware limited partnership (“Bain Partners VI”) is the sole general partner of Fund VI. Bain Capital Investors VI, Inc., a Delaware corporation (“Bain Investors VI”), is the sole general partner of Bain Partners VI. Mr. W. Mitt Romney is the sole shareholder, sole director, Chief Executive Officer and President of Bain Investors VI and thus is the controlling person of Bain Investors VI. The executive officers of Bain Investors VI are set forth on Schedule A hereto.

          (p9, bottom)
          Bain Capital, Inc., a Delaware corporation (“Bain Capital”), is the sole managing partner of the BCIP entities. Mr. W. Mitt Romney is the sole shareholder, sole director, Chief Executive Officer and President of Bain Capital and thus is the controlling person of Bain Capital. The executive officers of Bain Capital are set forth on Schedule B hereto.

          (p10, middle)
          The principal occupation of Mr. W. Mitt Romney and each of the executive officers of Bain Investors VI is set forth on Schedule A hereto.

          (p12, bottom)
          Mr. W. Mitt Romney, in his capacity as sole shareholder of Bain Investors VI and Bain Capital, may be deemed to share voting and dispositive power with respect to the 3,612,122 shares held by the Reporting Persons by virtue of their membership in Samantha Investors. The filing of this statement by Mr. W. Mitt Romney shall not be construed as an admission that he is, for the purpose of Section 13(d) of the Exchange Act, the beneficial owner of such shares held by the Reporting Persons.

          (Schedule A, reformated for this blog)
          EXECUTIVE OFFICERS OF BAIN CAPITAL INVESTORS VI, INC.
          Name/Title: W. Mitt Romney, Chief Executive Officer, President and Managing Director

          Business Address: Two Copley Place, Boston, MA 02116

          Principal Occupation: Managing Director of Bain Capital, Inc.

          EXECUTIVE OFFICERS OF BAIN CAPITAL, INC.
          Name/Title: W. Mitt Romney, Chief Executive Officer, President and Managing Director

          Business Address: Two Copley Place, Boston, MA 02116

          Principal Occupation: Managing Director of Bain Capital, Inc.

          I’m no lawyer, but these documents ARE written English (even if legalese). As a lay person (and certainly as a voter), to me they say pretty explicitly that Mitt Romney headed both US parties (Bain Capital Investors VI, Inc. and Bain Capital Inc.) to this transaction.

          • Right

            And the “partners” entities are the things that own assets, and the “Inc.” entity is the thing that manage the assets. The plausible but not likely explanation I saw yesterday is that Inc. ceased to be the manager in 1999, and that a new management entity was put in place, which would have left Romney as CEO of a company that had no role, and a passive shareholder in assets managed by the new entity.

            I am relatively sure that if this is indeed his explanation, he will have to come up with tax returns. In any event, he’s knocked far off message for awhile in July, on account of a dreadful oversight by his campaign.

        • yes

          Astonishing that Team Romney wasn’t on this long ago. Hasn’t he been running for President since 2004?

          That was really the attempted humor in my comment above, but I guess I wasn’t very effective. The point being that just as he left Bain while supposedly still in charge, he did the same thing as governor.

  11. Aw, come on trolls!

    Where is the defense?

  12. Romney a criminal?

    Thank God WaPo has determined, in their opinion, that he is not, considering they missed this aspect in their original June story.
    How about run-of-the-mill liar? Yeah, that works.
    He won’t see felony charges, and he won’t see the Oval Office either.

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