Showing posts with label romney tax returns. Show all posts
Showing posts with label romney tax returns. Show all posts

Monday, August 20, 2012

Not So Many Happy Returns - What is Mitt Romney hiding?


by Blueberry T


The saga regarding Mitt and Ann Romney’s tax returns continues, as it should and will until they disclose their tax returns, in keeping with the wishes of the American people and the precedent set by Romney’s father and followed by all major party candidates for the past 3 decades.  As Joe Biden and others have pointed out, George Romney also warned against accepting only one year of returns, because “One year could be a fluke, perhaps done for show.”  

Ironically, Mitt Romney himself demanded that Ted Kennedy and Shannon O'Brien release more tax returns, when he ran against them in the Senate (1994) and Governor (2002) races in Massachusetts.  


Many people have weighed in with speculation about what the missing returns show.  Do they show that the Romneys paid no taxes for up to 10 years, as Harry Reid has claimed he was told by a Republican Bain investor?  Do they show that he shorted the Mormon Church on the 10% tithe?  Do they show that the Romneys took an amnesty in 2009 for having illegally sheltered money in an offshore bank account?  Do they show that the Romneys committed voter fraud when they claimed they were living in their son’s basement so they could vote in Massachusetts?   Perhaps it is “all of the above,” or more?  These questions could easily be answered, of course, if the Romneys weren’t so obstinate, secretive and “small-minded” about their tax returns. 


I know there is a lot of meat (or in Ann’s words, “ammunition”) in the 2010 return alone, especially in regard to offshore accounts and investments, and tax experts of all stripes have weighed in on some of these.  However, as an ordinary citizen, I want to point out something rather elementary that may have been covered by other reports on the Romneys’ taxes, but if it was, I missed it – but I think it may be quite important.  I am referring here to the Romneys’ 2010 tax return, which can be found here(Note that even the 2010 return is incomplete because it does not have the FBAR forms for his foreign bank accounts.)  

Now, I will preface the following with the disclosure that although I do my own taxes, I am by no means an expert on tax law or tax preparation; far from it.  Also, I don’t have a lot of investment income, so I don’t have too much experience with the many tax issues associated with the Romneys’ income taxes and the propriety of their tax avoidance measures.  I am not alleging any impropriety, but simply looking at these returns at a very basic level, to try to understand where the truth may lie.  (Pun intended.)  



With my admittedly limited knowledge, what jumps out at me is that in 2010, the majority of the Romney’s income was from capital gains.  Of the $21.6M income that the Romneys reported, $12.6M or 58% was from net capital gains.   Of course, we know that the preferentially low rate on capital gains is largely the reason for the Romney’s federal tax rate of 13.9%, which is much lower than the tax rate on income from earnings like wages, salaries and tips, for example.  (And of course it is not subject to payroll taxes like FICA.)  As Paul Krugman points out here, the rate on capital gains used to be much higher (during the Reagan, Bush 1 and Clinton Administrations, for example), but was slashed to the current low rate during Bush II’s Administration. 

The return also shows that the Romneys claimed a long-term capital loss carryover of $4.84 million in 2010 (2010 return, Schedule D, Part 2, Line 14).  Thus their long-term capital losses in 2009 (and likely 2008, maybe before) exceeded their capital gains, meaning they would have entered a loss on their tax forms (Form 1040, line 13) in those years, as compared to the $12.57M gain that they showed in 2010.  The loss that can be entered is capped at $3000 a year, so they carried over the rest. 

This must mean that line 13 was -$3000 in 2009, right?  Assuming their other income was roughly comparable, their total income for 2009 would have been much lower -  a measly $9M, perhaps.  Maybe less if interest, dividends and/or other business income was hit hard by the recession.  I wonder how much they tithed and otherwise donated to “charity” that year – was the tithe/charitable a meager $800,000, or closer to the $2.98M in charitable deductions claimed in 2010?   (The tithe is paid during the calendar year, before their taxes are done, so would they necessarily know what the 10% figure is before they made their donations?)  If so, charitable deductions would be a larger percentage of their total income, and would also make better sense of Romney’s odd comments suggesting that his charitable contributions should be added to his tax payment, and in doing so his total was always more than 20%.  (Huh? Mitt, that's not how tax rates are figured.)  

If their total “charitable” deductions were on a par with the $2.98M charitable deductions they claimed in 2010, but their income was lower due to the capital loss, then it is very conceivable that they would have paid much lower federal income taxes in 2009.  Perhaps there are scenarios where it could be zero, for example. 

(I put “charitable” in quotes because I have a hard time accepting that a mandatory tithe paid to a major money-making enterprise, which profits from businesses such as gun sales, is truly charitable.  But that’s another topic.  Here is another comment on the subject of claiming the Mormon tithe as charitable deduction.  And as an aside, about half their charitable donations were via cash and the other half via stocks, meaning that the IRS also lost out on any capital gains taxes associated with the donation of those stocks.  This is perfectly legal, of course.) 

So I guess my question is whether the Romneys’ income in 2009 (and probably 2008) was more on the order of $8-10M or less, and if so, did their charitable and other deductions make up a much larger percentage of the income than in 2010, thus resulting in much lower federal tax liabililty?  Is it conceivable that there could have been other deductions, offsets or income losses that would have brought the liability down close to zero for 2008-9, as Harry Reid’s source alleged?  It seems plausible. 



Finally, a short note on Ann Romney’s comment, while saying (using almost Palinesque syntax), “there’s going to be no more tax releases given,” that “…Mitt is honest. His integrity is, is just golden.”  (So was King Midas’.)  Unfortunately for Ann, there is enough evidence to the contrary in the public domain that documenting Mitt’s lies has become a cottage industry (Googling “Mitt’s lies” brings up 144 million results, including this, thisthis and this).
       
So, Ann is either wrong, or she buys into “lying for the Lord” as being acceptable.  Or she is a liar, too.  Or all of the above.  And of course this reminds me that Ann has said, “I truly want Mitt to fulfill his destiny, and for that to happen, he’s got to do politics.”  That suggests she is alluding to the White Horse Prophecywhich frankly gives me the heebie-jeebies and certainly defies the principle of separation of Church and State, as well as basic sanity.    

Taxation is not my field of expertise and I am not alleging impropriety;  I wrote this post because, like 63% of the American people, I want to know the answers to all the questions that Mitt Romney refuses to answer about who he is, what his values are, how he has amassed his wealth, and whether he is as dishonest with his taxes as he is with his campaign.  As so many people have said, the mystery would go away if they would simply #releasethereturns, so not doing so suggests that they have something to hide.  Ann says it is “ammunition.”  Okay then, our assumptions that they are hiding something must be at least somewhat legitimate.  Personally, I would not vote for someone who would not release their returns, because I believe it shows disrespect (read: utter contempt) for the American voter to say “just trust me” instead of providing us with the information we need to vet a candidate for President of the United States.  It is not “small-minded” to want to know the answers to the many questions surrounding Mitt Romney’s use of tax dodges and shelters, offshore accounts, and where his money comes from.  This information is not only relevant to the core principles about taxation that are integral to this campaign, but goes to his integrity and what he would do if he had Presidential authority to influence our budget and tax code.  

So, right back at ya, Mitt: release the returns; put up or shut up. 


Sunday, July 22, 2012

The five most important media reports about Mitt Romney that every American voter needs to read - Plus highly revealing "bonus report": Mitt Romney urged a woman not to have an abortion, although the woman's life was in danger

By Patrick

Mitt Romney: Money and secrets in abundance

Mitt Romney is a mystery. He magically transformed himself over a period of a few years from a pro-choice, pro-healthcare, pro gun-control, anti-Reagan politician and Governor into someboby who now opposes virtually everything he once stood for. Therefore, shameless flip-flopping is one aspect which we can say defines Mitt Romney. Another aspect is his highly secretive behaviour regarding his personal finances and the emails from his Governor's office. Next we can point to the controversial issues arising from his activities at Bain Capital (partially combined with his secretive behaviour), for example the allegations that his business activities resulted in the outsourcing of Americans jobs to foreign countries.

Because Mitt Romney is not very helpful when it comes to answering these many questions there is still a lot about him to be discovered. The good news is that the media so far is doing an excellent job when it comes to examining his past activities. Far from being "lamestream", various media outlets on the contrary are doing a fine job. In fact, so many interesting and often previously unknown facts have been reported that it is quite difficult to get an overview. That being the case I would like to present my current "top five" media reports about Mitt Romney in an overview of articles that every American voters ought to read.


Here we go:

No. 1: "Where the Money Lives" - Nicholas Shaxson, Vanity Fair, August 2012 issue




Vanity Fair takes us on a journey through Mitt Romney's secretive personal finances.

The author Nicholas Shaxson is the author of the highly praised book "Treasure Islands."

Excerpt:
Just before the Iowa caucus last December, Mitt told MSNBC, “I don’t intend to release the tax returns. I don’t,” but finally, on January 24, 2012—after intense goading by fellow Republican candidates Newt Gingrich and Rick Perry—he released his 2010 tax return and an estimate for 2011.

These, plus the mandatory financial disclosures filed with the Office of Government Ethics and released last August, raise many questions. A full 55 pages in his 2010 return are devoted to reporting his transactions with foreign entities. “What Romney does not get,” says Jack Blum, a veteran Washington lawyer and offshore expert, “is that this stuff is weird.”

The media soon noticed Romney’s familiarity with foreign tax havens. A $3 million Swiss bank account appeared in the 2010 returns, then winked out of existence in 2011 after the trustee closed it, as if to remind us of George Romney’s warning that one or two tax returns can provide a misleading picture. Ed Kleinbard, a professor of tax law at the University of Southern California, says the Swiss account “has political but not tax-policy resonance,” since it—like many other Romney investments—constituted a bet against the U.S. dollar, an odd thing for a presidential candidate to do. The Obama campaign provided a helpful world map pointing to the tax havens Bermuda, Luxembourg, and the Cayman Islands, where Romney and his family have assets, each with the tagline “Value: not disclosed in tax returns.”

No. 2: "6 Things Mitt Romney Is Hiding"Adam Serwer, Andy Kroll, and Stephanie Mencimer, Mother Jones, July 20, 2012




Mitt Romney is not keen to let people know what he has been doing or not been doing.

Excerpt:

His Old Emails


Reporters looking for emails and other records from Romney's tenure as Massachusetts governor are out of luck.

In the final months of Romney's four-year stint as governor, as the Boston Globe reported, 11 of his top staffers purchased the hard drives in their government-issued computers, preventing state archivists from accessing any of their emails. In its final days, the Romney administration also replaced computers and scrubbed state government servers of all the administration's emails. As the top attorney for Romney's replacement, Deval Patrick, put it: "The governor's office has found no e-mails from 2002-2006 in our possession."

The Romney administration did turn over to state archivists hundreds of boxes of records, including memos, emails, and other communications among state agencies and cabinet members. However, the boxes containing those records were hand-picked and given over voluntarily by Romney's staff. It stands to reason that any embarrassing or revealing information—say, internal planning or deliberations about Romney's universal health care legislation—did not make it into the Romney administration's record dump.

IRA Details

According to financial-disclosure firms he's filed, Romney's Individual Retirement Account—a tax-advantaged retirement plan—is worth at least $20.7 million and as much as $101.6 million. It grows tax-free. But it's unclear how Romney's IRA grew so large. The annual limit for contributions to an IRA is currently $17,000, which employers can match if they choose. The limit for personal and matching contributions combined was around $30,000 per year when Romney was at Bain, suggesting that the most he could have put into his IRA was around $450,000. But his IRA could be worth 200 times that. (Even if Romney released several years worth of tax returns, it may not explain why his IRA grew so large.)

Some financial and tax experts believe Romney may have used a complicated, highly technical tax dodge called a "blocker corporation" to get such a large amount of money into the IRA. Others have suggested that Romney put in some of his partnership shares in Bain Capital itself and valued them at zero because they represented future income—another obscure tax maneuver unavailable to most Americans. It's impossible to know for sure, because, as with so much else, Romney won't talk about it.

No 3.: "Here's What I Think Romney Is Hiding By Refusing To Release His Tax Returns" - Henry Blodget, Business Insider, July 12, 2012




Nobody likes to pay taxes, especially Mitt Romney.


Excerpt:

For what it's worth, my guess is that what Romney is hiding in his tax returns is not something that is clearly illegal or dishonest, but, simply the following reality:
  • Romney has made hundreds of millions of dollars
  • He has paid very little of that (on a percentage basis) in taxes
  • He has made hundreds of millions of dollars in part because he has structured most of his income in ways that enable him to pay the least amount of taxes possible
  • This "structuring" of income has likely taken full advantage of things like the ludicrous "carried interest" tax exemption that allows private-equity investors to pay capital gains taxes on income that is actually fees [This tax treatment is one of the most outrageous and unfair elements in the entire tax code. There is no logical basis for it, and it benefits only the richest people in the country.]
  • This "structuring" has also likely taken advantage of offshore accounts, the contribution of hard-to-value securities at low valuations to Romney's IRA (whereupon they exploded in value), and other sophisticated tools. These tools are, theoretically, available to anyone, but, in practice, are available only to those with tens of thousands of dollars to spend every year on tax-and-estate planning.
  • This structuring, which (let's be honest) is done primarily to avoid paying taxes, will look bad to most Americans, who will know instinctively that it's done to avoid paying taxes and that it's not something they will ever be able to afford to do--and, therefore, will seem unfair.
In short, by not releasing his returns, I think Romney is trying to avoid calling more attention to the fact that he is a card-carrying member of the 0.01%, a group of Americans who deserve to be proud of their success but who are also understandably viewed with suspicion and frustration by most other Americans right now, especially when they argue that they're still paying too much in taxes.

No 4.: "Assets Hint at Larger Romney Wealth" - Stephen Braun, Associated Press, July 4, 2012



I guess that in this world you need to be a black man in order to get into trouble for secretly owning highly suspicious companies in the Bermuda - because Mitt Romney, despite his obviously unethical behaviour, has got into very little trouble so far. What would have happened if President Obama had done the same...?

Excerpt:
Romney's 2010 tax returns show him and his wife as sole owners of Sankaty. A 2011 Bermuda legal document lists Malt as Sankaty's president. Michael F. Goss, currently Bain Capital's chief operating officer, is listed as vice president, and Quorum Corporate Ltd., a Bermuda law firm, as secretary. Malt deferred questions about Sankaty to the Romney campaign; Bain Capital and Quorum declined to comment.

The candidate's 2010 tax returns listed at least 20 investment holdings besides Sankaty that had not been previously disclosed on federal reports. At least seven were foreign investments. Bain Capital Inc., the holding that posted the $1.9 million earning, was listed on Romney's state ethics reports in 2001 and 2002, when he ran for governor, but was missing from any annual ethics report until Romney's trust included it last month on his 2012 financial statement.

Sankaty is the only offshore holding in the Romneys' portfolio under their full control. On his 2010 taxes, Romney's blind trust filed an IRS form identifying Sankaty as a "controlled foreign corporation." That filing is required for any U.S. taxpayer who owns more than 50 percent of a foreign company. Romney's 2010 tax returns indicate that he and his wife control all 12,000 shares.

Several U.S. Securities and Exchange documents from the late 1990s and 2000s depicted Romney as Sankaty's owner at the time, but when he ran for Massachusetts governor in 2001 and 2002, Romney did not list the company on annual disclosure forms required by the Massachusetts State Ethics Commission.

The ethics commission would not comment on the omissions. Boston College law professor R. Michael Cassidy, who was a member of the commission at the time, said that if Romney "owned this business before he signed his ethics disclosure, then he was obliged to report it." The state's disclosure rules also allow a $1,000 minimum threshold. A six-year statute of limitations covering Romney's ethics reports has since expired.

(...)

Even though Sankaty is no longer used for Bain investments, several tax analysts said its legal offshore status still could be used by Romney to defer some taxes on some of the "carried interest" income related to the Bain deals.

Romney has said he gets no tax break. He told an audience at a Maine town hall appearance in February that "I have not saved one dollar by having an investment somewhere outside this country."

But the lack of disclosure over the years, private equity experts said, makes it impossible to tell.

"Without knowing more about an offshore's history and how it was used," Fleischer said, "you're left in the dark."

No. 5: "Mitt Romney stayed at Bain 3 years longer than he stated" - Christopher Rowland, The Boston Globe, July 12, 2012


Mitt - either you are the boss are you aren't!

"The Boston Globe" got much of the credit for this discovery, but David Corn at "Mother Jones" (also HERE) and Josh Marshall at TPM published similar stories a few days before.

Excerpt:
Government documents filed by Mitt Romney and Bain Capital say Romney remained chief executive and chairman of the firm three years beyond the date he said he ceded control, even creating five new investment partnerships during that time.

Romney has said he left Bain in 1999 to lead the winter Olympics in Salt Lake City, ending his role in the company. But public Securities and Exchange Commission documents filed later by Bain Capital state he remained the firm’s “sole stockholder, chairman of the board, chief executive officer, and president.”

Also, a Massachusetts financial disclosure form Romney filed in 2003 states that he still owned 100 percent of Bain Capital in 2002. And Romney’s state financial disclosure forms indicate he earned at least $100,000 as a Bain “executive” in 2001 and 2002, separate from investment earnings.

The timing of Romney’s departure from Bain is a key point of contention because he has said his resignation in February 1999 meant he was not responsible for Bain Capital companies that went bankrupt or laid off workers after that date.

Contradictions concerning the length of Romney’s tenure at Bain Capital add to the uncertainty and questions about his finances. Bain is the primary source of Romney’s wealth, which is estimated to be more than $25o million. But how his wealth has been invested, especially in a variety of Bain partnerships and other investment vehicles, remains difficult to decipher because of a lack of transparency.

These "top five" media reports are just a small selection from many excellent articles which have been published about Mitt Romney, most of them focus on his rather shady business affairs and secretive personal finances. Many more links can be found in our own recent posts about Mitt Romney (HERE and HERE).

Have a nice Sunday, everybody!


+++

BONUS:

The following story was mentioned in the comments, and then one of our wonderful readers sent me the link. An almost unknown, but very well sourced story and extremely revealing report from 2007:

"Bishop Romney's Sadistic Anti-Abortion Counseling" - Scoop Independent News (New Zealand), Judith Dushku Interview, by Suzan Mazur, June 9, 2007


Mitt Romney takes whatever position he has to take, and gave sadistic spiritual abortion advice as a Mormon bishop.

Excerpt:
Judy Dushku: First of all the stake president – Gordon – came by to see X with a friend and said well it looks like you have to do this – terminate the pregnancy. He was perfectly comfortable with X’s decision, since both she and the child were in peril. And Gordon was technically higher in the LDS church hierarchy than Mitt was as bishop.

So then Mitt came in to the hospital. X thought Mitt had come to be comforting because that’s what bishops do. They have a pastoral role. But she said that instead he was critical.

He said – What do you think you’re doing?

She said – Well, we have to abort the baby because I have these blood clots.

And he said something to the effect of – Well, why do you get off easy when other women have their babies?

And she said – What are you talking about? This is a life threatening situation.

And he said – Well what about the life of the baby?

And she said – I have four other children and I think it would be really irresponsible to continue the pregnancy.

X said she found herself arguing with Romney about her medical crisis, said he was very unsympathetic, very critical, and said that under the circumstances in no way did he condone her aborting the child. And he left.

She was extremely distraught. Talked it over with her husband. They decided to go ahead with the abortion. After that she left the church.

Suzan Mazur: She’s okay now?

Judy Dushku: Yes.

Suzan Mazur: And you then confronted Romney over the matter.

Judy Dushku: In the early 90s, our feminist newspaper Exponent II, did a theme issue about Mormonism and abortion. X said she’d like to write a piece describing her experience. We agreed to publish her story anonymously because we knew her and knew about the ordeal.

Then in 1994, when Romney was running for the Senate, he came out in favor of choice for women -- which was surprising to me. I was pleased and called, asking to see him. I told him I suspected that we had our differences, but that maybe I could work with him if he’d come to a really good position on women and childbirth.

And he said – Yes, come to my office.

I went to his office and I congratulated him on taking a pro-choice position. And his response was – Well they told me in Salt Lake City I could take this position, and in fact I probably had to in order to win in a liberal state like Massachusetts.

Suzan Mazur: Who’s “THEY”?

Judy Dushku: I asked him the same question. And he said “the Brethren” in Salt Lake City.

And I said, Mitt, it doesn’t make me happy to hear that. What you’re suggesting is that you’re not genuinely pro-choice. It’s a position of convenience.

He said – Oh no, I actually had an aunt who died of a botched abortion. So I have some positive feelings about choice, but basically I know that I have to take that position.
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PLEASE RETWEET:

https://twitter.com/politicalgates/status/227099502820065280

https://twitter.com/politicalgates/status/227100144250785792

Sunday, July 15, 2012

Read the SEC-reports which could be Mitt Romney's downfall - Quote from 2002 suggests that Mitt Romney was still running Bain when he took leave of absence in 1994: "I reported directly to Mitt Romney" - Bain press release from July 1999: "Currently on part-time leave of absence" - Statement in Mitt Romney's federal disclosure form for presidential bid from August 2011 is obviously false - Romney-campaign's newest spin: Mitt Romney "retired retroactively"

By Patrick

Mitt Romney at Bain: The candidate who wished he had not been there

+++

"Mr. Romney retired from Bain Capital on February 11, 1999 to head the Salt Lake Organizing Committee. Since February 11, 1999, Mr. Romney has not had any active role with any Bain Capital entity and has not been involved in the operations of any Bain Capital entity in any way."



+++

"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."


SEC-filing by Bain Capital, February 20, 2001

+++

"Romney said he will stay on as a part-timer with Bain, providing input on investment and key personnel decisions. But he will leave running day-to-day operations to Bain's executive committee."

Mitt Romney, quoted by the Boston Herald in February 1999 (Greg Gatlin, “Romney Looks To Restore Olympic Pride,” The Boston Herald, February 12, 1999) 

+++

"Bain Capital CEO W. Mitt Romney, currently on a part-time leave of absence to head the Salt Lake City Olympic Committee for the 2002 Games said..."


Press release by Bain Capital from July 19, 1999

+++

"He took a leave of absence and in fact, ended up not going back at all and retired retroactively to February 1999 as a result."

Romney-advisor Ed Gillespie today in an interview with CNN

+++

Mitt Romney is not even formally the Republican candidate yet, but he already looks like a "has-been" candidate. How is that even possible? Mitt Romney has a problem: He was economical with the truth, but the scandal which emerges is not of private nature, but clearly business-related. As we all know by now, you can easily get away with private scandals these days. But business matters are different: Everyone likes to talk about them, nobody is afraid to touch them, and many people quickly form an opinion and are not shy about it. Business matters are clearly "fair game." For Mitt Romney, this problem now seems almost impossible to overcome.

Rarely had the media so much fun with new discoveries - all guns blazing at poor Mitt, who in turn expects an apology from President Obama. Just wonderful!

So, let's join the fun, again! We are not called "Politicalgates" without a reason! Mitt Romney surely does not seem to be short of "gates!"

First, there were the SEC filings which were almost simultaneously discovered by the Boston Globe, by TPM and by Mother Jones several days ago. The unravelling of Mitt Romney, as far as his statements about Bain were concerned, began.

More media outlets and blogs are now hunting for new information, and have already been successful (see below), but let's take a look first at the SEC filings. Our reader KatieAnnieOakley already obtained a copy of one of the most important SEC-filings in April this year (a few months before the journalists discovered them). This particular filing from February 2001 is mentioned in an article by TPM from July 10, and it really is like a good book: You have to look at the "original", and not just at the reviews - in this case, in order to fully grasp how ludicrous the claims by Mitt Romney that he "left" Bain Capital in February 1999 actually are.

So here is the complete filing from February 2001:


The document explains exactly who was in charge at Bain - Mitt Romney:

Item 2.   Identity and Background.                                            

(a)  This Statement is being filed by Bain Capital Fund VI, L.P., a Delaware limited partnership (either "Fund VI" or the "Reporting Person") in its capacity as Administrative Member of Bain Capital CLEC Investors, L.L.C., a  Delaware limited liability company ("CLEC Investors").                        

Other Members of CLEC Investors affiliated with Fund VI who may be deemed to be beneficial owners of the securities covered by this Statement  include the following:

(1) Bain Capital VI Coinvestment Fund, L.P., a Delaware limited partnership ("Coinvestment Fund"),
(2) BCIP Associates II, a Delaware general partnership ("BCIP II"),
(3) BCIP Associates II-B, a Delaware general partnership ("BCIP II-B"),
(4) BCIP Associates II-C, a Delaware general  partnership ("BCIP II-C"),
(5) BCIP Trust Associates II, a Delaware general  partnership ("BCIP Trust II"),
(6) BCIP Trust Associates II-B, a Delaware general partnership ("BCIP Trust II-B" and together with BCIP II, BCIP II-B, BCIP II-C, and BCIP Trust II, the "BCIP Entities"),
(7) Brookside Capital   Partners Fund, L.P., a Delaware limited partnership ("Brookside"),
(8) Sankaty High Yield Asset Partners, L.P., a Delaware limited partnership ("Sankaty"),
(9) Sankaty High Yield Partners II, L.P., a Delaware limited partnership ("Sankaty II") and
(10) PEP Investments PTY Ltd., an Australian company limited by shares organized under the laws of New South Wales ("PEP" and together with Fund VI  Coinvestment Fund, the BCIP Entities, Brookside, Sankaty, Sankaty II, the "CLEC Members").    

Bain Capital Partners VI, L.P., a Delaware limited partnership ("Bain Partners VI") is the sole general partner of Fund VI and Coinvestment Fund. 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.                                                            

 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.                  

Brookside Capital Investors, L.P., a Delaware general partnership ("Brookside Investors LP") is the sole general partner of Brookside. Brookside Capital Investors, Inc., a Delaware Corporation ("Brookside Investors Inc.") is the sole general partner of Brookside Investors LP. Mr. W. Mitt Romney is the sole shareholder, sole director, Chief Executive Officer and President of Brookside Investors Inc. and thus is the controlling person of Brookside Investors Inc.                                                                

Sankaty High Yield Asset Investors, LLC, a Delaware limited liability company ("Sankaty LLC") is the sole general partner of Sankaty. Sankaty High Yield Asset Investors, Ltd., a Bermuda company ("Sankaty Ltd.") is the managing member of Sankaty LLC. Mr. W. Mitt Romney is the sole shareholder, a director and President of Sankaty Ltd. and thus is the controlling person of Sankaty, Ltd. Sankaty High Yield Asset Investors II, LLC, a Delaware limited partnership ("Sankaty II LLC") is the general partner of Sankaty II. Sankaty Investors II, LLC, a Delaware limited liability company ("Sankaty Investors II") is the managing member of Sankaty II LLC.  

Screenshot, created by our reader KatieAnnieOakley:


So it is more than obvious that Mitt Romney has become the dream of any investigative reporter. Rarely have the lies and distortions of a candidate been documented more thoroughly.

Mitt Romney, he makes it almost too easy - another screenshot from this filing:


So - why does Mitt Romney believe that he can get away with that? It is more than obvious that he has no realistic concept of being "responsible" for his actions - not good if you aspire to become the most powerful person in the world.

But the investigative journalists already found much more. For example, David Corn from Mother Jones published some excellent reports about Mitt Romney's actions at Bain, starting with the revelation on July 2 that Mitt Romney was an "active participant" in the controversial "Stericycle" deal, according to SEC filings from November 1999. In this excellent article, David Corn already mentions additional evidence which in the following days was then also discovered by various other outlets. David Corn really should get much of the credit for kickstarting the "SEC-Bain" revelations. I believe that his article from July 2 didn't get as much attention as it deserved due to the connection to the complex abortion-issue.

David Corn wrote on July 2:

In response to questions from Mother Jones, a spokeswoman for Bain maintained that Romney was not involved in the Stericycle deal in 1999, saying that he had "resigned" months before the stock purchase was negotiated. The spokeswoman noted that following his resignation Romney remained only "a signatory on certain documents," until his separation agreement with Bain was finalized in 2002. And Bain issued this statement: "Mitt Romney retired from Bain Capital in February 1999. He has had no involvement in the management or investment activities of Bain Capital, or with any of its portfolio companies since that time." (The Romney presidential campaign did not respond to requests for comment.)

But the document Romney signed related to the Stericycle deal did identify him as a participant in that particular deal and the person in charge of several Bain entities. (Did Bain and Romney file a document with the SEC that was not accurate?) Moreover, in 1999, Bain and Romney both described his departure from Bain not as a resignation and far from absolute. On February 12, 1999, the Boston Herald reported, "Romney said he will stay on as a part-timer with Bain, providing input on investment and key personnel decisions." And a Bain press release issued on July 19, 1999, noted that Romney was "currently on a part-time leave of absence"—and quoted Romney speaking for Bain Capital. In 2001 and 2002, Romney filed Massachusetts state disclosure forms noting he was the 100 percent owner of Bain Capital NY, Inc.—a Bain outfit that was incorporated in Delaware on April 13, 1999—two months after Romney's supposed retirement from the firm. A May 2001 filing with the SEC identified Romney as "a member of the Management Committee" of two Bain entities. And in 2007, the Washington Post reported that R. Bradford Malt, a Bain lawyer, said Romney took a "leave of absence" when he assumed the Olympics post and retained sole ownership of the firm for two more years.

All of this undermines Bain's contention that Romney, though he maintained an ownership interest in the firm and its funds, had nothing to do with the firm's activities after February 1999. The Stericycle deal may raise red flags for anti-abortion activists. But it also raises questions about the true timing of Romney's departure from Bain and casts doubt on claims by the company and the Romney campaign that he had nothing to do with Bain business after February 1999.


The press-release from July 19, 1999 was on Friday also discovered by the Daily Kos, and it is just astounding that there is so much material available against Mitt Romney that journalists are apparently quite "overwhelmed." I also think that the quote in the Boston Herald from February 1999 that "Romney said he will stay on as a part-timer with Bain, providing input on investment and key personnel decisions" didn't get enough attention yet (see also the very good overview on these issues at the Huffington Post).

However, not everybody in the media thinks that Mitt Romney has actually lied. For example, the website factcheck.org (with which we ourselves made only the worst experiences, by the way), claims that the assertions by Mitt Romney are correct:

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.

And after reviewing evidence cited by the Obama campaign, we reaffirm our conclusion that Romney left the helm of Bain Capital when he took a leave of absence in 1999 to run the Salt Lake City Organizing Committee for the 2002 Winter Olympics – as he has said repeatedly — and never returned to active management. The Obama campaign’s recent ads thus mislead when they point to investments made by Bain, as well as management decisions made by companies in which Bain invested, after that time.

But David Corn is not convinced and wrote a brilliant, forceful rebuttal to the opinion published by factcheck.org - excerpt:

And neither Primack nor FactCheck.org addressed the matter of Bain Capital NY. In 2001 and 2002, Romney filed Massachusetts state disclosure forms noting he was the 100 percent owner of this Bain venture. But Bain Capital NY was incorporated in Delaware on April 13, 1999—two months after Romney's supposed retirement from the firm. Was Romney uninvolved with the incorporation of a new Bain entity—which only he owned—after his departure? Perhaps.

In its letter to FactCheck.org, the Obama campaign contended that "the statement that Gov. Romney 'left' Bain in February 1999—a statement central to your fact-check—is not accurate, Romney took an informal leave of absence but remained in full legal control of Bain and continued to be paid by Bain as such." No one disputes that Romney retained ownership and legal control of Bain. For that alone, he might be considered partly accountable for its actions. But is it believable that while he remained Bain's owner and possessed full legal control of assorted Bain entities, he never took an interest in what the firm and its funds were doing?

The Romney campaign and Bain insist that Romney had not a thing to do with Bain after February 1999, though he signed filings and pocketed millions. But they won't answer specific questions about Romney and Bain during this period—just as Romney won't come clean on his tax returns. (See this Vanity Fair blockbuster report on Romney's personal finances and what is still unknown about them.) He remains the opaque quarter-billionaire—with mystery surrounding his wealth and the business career he touts as a steppingstone to the presidency. He has yet to be fully vetted.

But that is by far not everything.

Mitt Romney already took a leave of absence from Bain in 1994 when he ran for the US Senate. A highly revealing quote by one of the top-employees of Bain can be found in the archives of the "Boston Globe", regarding Romney's "leave of absence" in 1994. It's a pay-per-view archive, but the full quote is available:

In 1994, [ROMNEY] tried to distance himself from the Ampad controversy, since he was on a leave of absence during the initial downsizing. But [Marc B. Wolpow], who came to Bain in 1990 from Drexel Burnham, the infamous junk bond company, says: "I reported directly to Mitt Romney . . . You can't be CEO of Bain Capital and say, `I really don't know what my guys were doing.'" What were Romney's guys doing? "My job was to maximize the profits to Bain Capital's partners from the Ampad transaction," says Wolpow, who left Bain in 1999 when Romney left for the Olympics.


So there is multiple evidence available that the sole owner and boss of the company only took "part-time" leaves of absence and that during this time, his employees still had directly to report to him.

I would say, Mitt Romney is done.

What has not really been picked up yet by the media is the fact that Romney clearly told a blatant lie in his federal disclosure form from August 2011 for the presidential bid.

He said there that he "has not been involved in the operations of any Bain Capital entity in any way":




Download the complete form HERE.


The Romney spin continues today - the newest development: The Romney campaign now says that Romney "retired retroactively" from Bain in February 1999. He originally wanted to so some things, but he just had no time, poor Mitt!


Huffington Post reports:

There's evidence, though, that he was still listed as one of two managing members at a Bain Capital entity much later, including on a filing form from 2002, and that he attended board meetings, signed documents and received a six-figure salary.

Gillespie said Romney couldn't have been involved in Bain during his time working on the Olympics, because it was "a 16-hour-a-day job."

"He was not involved in the day-to-day decisions. He wouldn't have had time," Gillespie said. "He left a life he loved to go to Salt Lake City to save the Olympics for the country he loves more, and somehow Chicago, in classic Chicago-style politics, the Obama campaign is trying to make this something sinister. It's not. It's patriotic and it's leadership."

Obama indicated this weekend that he won't be dropping the attacks on Bain.

This has to be one of the worst examples of "spin" ever.

Mitt Romney was the owner and CEO, and therefore accountable for the actions of his company (more precisely: companies) and yes, there is multiple evidence available that he was still "involved" after February 1999.

Did Romney return the salary he was given after he "retired retroactively?"

Can the President of the USA also "retire retroactively?"

I am sure that Mitt Romney never will have to find out!