The Vagabond

TheVagabond

TheVagabond
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USA
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March 09
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I was an international fashion model for 5 years. I quit to travel Latin America and see the developing world first hand. Now I'm back in the states and adjusting to a new life.

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Salon.com
Editor’s Pick
JULY 16, 2012 12:20AM

Why Bain Matters.

Rate: 6 Flag

 

We have had 30 years of what has turned out to be horrible economic policy. All of the facts, when reviewed, will show that the system is failing the majority of Americans. But instead of admitting that failure, we are told that we need to double down. We have not been faithful enough to the system. We were bad capitalists who strayed into the arms of government hooch. Coming to save us is businessman, Mitt Romney. He has made his very profitable career with Bain Capital. Bain Capital specializes in private equity and venture capital. Mitt Romney is a man of the finance world. He has made decisions on a level of business that you or I could never begin to imagine. Mitt Romney has repeatedly touted his business experience as an asset towards reviving the U.S. economy. In recent weeks, Romney has been put on the defensive over Bain’s use of tax havens, as well as causing thousands of layoffs through buyouts and restructuring. Romney is also being exposed for helping to offshore jobs to places like China and India, which stands in stark contrast to his statements promising to stop the exact same practice if he is elected president.

Now, there is also controversy over when he left Bain Capital as CEO. Mitt Romney wants to run for president and not disclose his exact role at Bain Capital. This is an important debate because it may show that Mitt Romney has lied, but in the end, it is irrelevant what date he left. Bain Capital is Mitt Romney's brainchild. Economist Steven Kaplan said in 2011 that the firm "came up with a model that was very successful and very innovative and that now everybody uses." Regardless of when Mitt Romney left, Bain is still using the business model and business relationships that Romney created. The fact also remains that Romney continues to receive millions of dollars from Bain. He does not want to disclose more than one year of his tax returns, something that is expected of presidential nominees. He does not want to be open about his career, or what taxes he paid (or didn't pay). We don't know exactly how Mitt Romney is still making money from Bain Capital. We do know that he still receives income. We know his livelihood is tied up in Bain investment funds. If elected, Mitt Romney will be the most powerful man in the world. Bain Capital is tied to many corporations. His policies will affect these corporations' bottom lines. If Romney is elected, we will be breaking new ground in what is called the revolving door of government and business. While there are many holes in our knowledge of Mitt Romney's taxes and Bain, there are things we do know. It's worth taking a look at not only what we know about how Bain does business, but whom Bain does business with.

In 1989, Bain bought Damon Corp., a medical testing company based in Needham, Mass. Mitt Romney served on its board of directors. Shortly after, Bain Capital took Damon Corp. public. Then, in 1993, Bain orchestrated a sale of the company to Corning Inc. In October 1996, federal prosecutors announced that Damon Corp. was agreeing to pay $119 million in both civil and criminal fines after pleading guilty to defrauding Medicare. According to The Boston Globe's summary, the company was providing doctors with forms that didn’t make clear what tests included, so doctors were checking off additional tests that weren’t necessary. The over billing went from 1988 through 1993. The Globe reported that court records showed fraudulent activity occurred under Bain’s watch, and that prosecutors gave the credit to Corning for stopping the fraud. The investment earned, for Romney, $473,000. After the sale, Corning closed the main facility in Needham, laying off 115 people. It proved a profitable deal for both the firm and Romney, however tainted by legal troubles and layoffs it was.

In January, Andy Sullivan and Greg Roumeliotis published a story in Reuters1 on how Bain drove a Kansas City steel plant, Worldwide Grinding Systems, into bankruptcy. The piece is a must read. It has many aspects of our current political debate: lost jobs, health insurance, pensions, labor unions, government bailouts, and the phenomenon of “profitable failures.” To summarize, in October 1993, Bain Capital became majority shareholder in the steel mill that had been operating since 1888. Armco wanted to sell the Kansas City plant. Jack Stutz and other Armco managers were looking for backers to help them buy it. They spoke to GE Capital, which, in turn, contacted Bain Capital. Bain merged the Kansas City mill with another in South Carolina before the new entity declared bankruptcy in 2001. This led to some 750 layoffs and a $44 million federal bailout. Bain walked away with $12 million on its $8 million initial investment and at least $4.5 million in consulting fees.

In 2008, Bain Capital partnered with NBC Universal to buy The Weather Channel. GE owns 49 percent of NBC Universal. Yes, Mitt Romney was no longer at Bain Capital in 2008, but it shows that Mitt Romney's business structure and contacts remain. GE Capital referred the Armco managers to Bain Capital. Now Bain is working with GE as a partner. GE Capital just so happens to be the focus of a new Matt Taibbi piece, “The Scam Wall Street Learned From the Mafia.”2 There are a few more facts about GE worth pointing out. In 2011, The New York Times reported that, despite earning $14.2 billion in worldwide profits, including more than $5 billion from U.S. operations, General Electric did not owe taxes in 2010. In fact, General Electric had a tax benefit of $3.2 billion. The Times also pointed out that GE has reduced its American workforce by one fifth since 2002. Also, the six reactors in the 2011 Fukushima 1 Nuclear Power Plant had been designed by General Electric; the design of which had been criticized for years. On August 4, 2009, the SEC fined General Electric $50 million for breaking accounting rules in two separate cases, misleading investors into believing GE would meet or beat earnings expectations. GE was convicted in 1990 of defrauding the U.S. Department of Defense and again in 1992 on charges of corrupt practices in the sale of jet engines to Israel.

Next, there is the issue of offshoring jobs. The Washington Post recently published an article3 detailing how Bain capital invested in firms that specialized in relocating jobs to new facilities in low-wage countries like China and India. The piece juxtaposes Mitt Romney's business record with his campaign promises, and it's a must read. From the story, “During the nearly 15 years that Romney was actively involved in running Bain, it owned companies that were pioneers in the practice of shipping work from the United States to overseas call centers and factories making computer components, according to filings with the Securities and Exchange Commission.” Now Mitt Romney on the campaign trail, “They’ve been able to put American businesses out of business and kill American jobs,” he told workers at a Toledo fence factory in February. “If I’m president of the United States, that’s going to end.”

Next, Vanity Fair's Nicholas Shaxson helps give us a peek into Mitt Romney's tax ethics. The article4 is an “Investigation into Mitt Romney's Offshore Accounts, Tax Loopholes, and Mysterious I.R.A.” There are many notable aspects of this piece. It is another must read. One of the many interesting discussions is of an entity called Sankaty. Sankaty High Yield Asset Investors Ltd. is a “Bermuda corporation wholly owned by W. Mitt Romney.” He tells us how Romney set it up in 1997, and then transferred it to his wife’s newly created blind trust on January 1, 2003, the day before he was inaugurated as Massachusetts’s governor. The director and president of this entity is R. Bradford Malt, the trustee of the blind trust and Romney’s personal lawyer. Shaxson discusses the many offshore accounts Bain holds. In June, Romney revealed more than $2 million in new Bain income. The firm today has at least 138 funds organized in the Cayman Islands, and Romney himself has personal interests in at least 12. There are also mysteriously high yield I.R.A's and a Swiss bank account. Here is a great quote from the piece, “What Romney does not get,” says Jack Blum, a veteran Washington lawyer and offshore expert, “is that this stuff is weird.” A particularly interesting part of this piece is that the Romneys have invested at least $1 million in Elliott Associates, L.P., a hedge fund specializing in “distressed assets.” From the piece, “Elliott buys up cheap debt, often at cents on the dollar, from lenders to deeply troubled nations such as Congo-Brazzaville, then attacks the debtor states with lawsuits to squeeze maximum repayment.” Debtor nations are a huge issue, especially in Africa. These nations are strapped with debt that they will never be able to pay back while their nation’s people bear the consequences and remain in poverty. The piece goes on to discuss how the United States has turned itself into a giant tax haven for foreigners. It is a very long and in depth piece, much more than I could hope to summarize here, so I suggest you read it for yourself. Then, I suggest you watch Democracy Now!'s interview with the author.5

Lastly, there is the issue of the Romneys' blind trusts. He assures us that his assets are held in a “blind trust” over which he exerts no control. But just how blind is this trust? In 1994, when he was running for the Senate, Romney attacked Kennedy for disclaiming any responsibility for his investments: “The blind trust is an age-old ruse.” So, there you have it from the mouth of Romney himself. Romney's trust is controlled by his personal lawyer and longtime friend, Bradford Malt. From this trust, more than $10 million of Romney’s money was put into an investment fund managed by Romney’s son, Tagg. To contrast with Obama, when he was senator, he set up a blind trust. Most of his wealth comes entirely from his book royalties. He later sold all of his stocks and closed the trust because he decided the arrangement could not protect him from the appearance of a conflict. Most of his wealth is now invested in U.S. Treasury bonds and diversified funds.

If there is one thing that even the most polarized people can agree on, it is that there is too much corporate influence over our government. A large majority of Americans do not believe that government has their best interests at heart. Corporations are running the show. So how does it happen that a man that epitomizes all that Americans fear and loath is running for president? If Mitt Romney says that we should elect him because of his business experience, we should take a look at his business experience. If he says he wants to run our government like a business should be run, we should be able to see what his idea of running a business looks like. We should be able to examine his tax forms. Yes, but he didn't seem to break the law. Does it matter? Is the better question; is this in the best interests of society? If the way that he ran Bain capital is morally bankrupt, does that mean that Mitt Romney will then run our government with those same horrible ethics? The way that you spend and invest your money shows where your priorities are. When the government brings in tax money and then chooses where to invest it into society, how are those decisions formed? What outcomes are you hoping for?

Looking at Mitt Romney's business records and tax forms is a huge window into being able to answer those questions. If he believes people like him are perfectly okay sheltering their money away in tax havens, then won't he make his policy as such? His proposed budget involves closing tax loopholes, but he himself benefits from these loopholes. If he believes that it is a good idea for his business to invest money in companies actively trying to move jobs to other countries, why should his policy be any different once he is running the government? If he is making money from these investments while he is president, are there conflicting interests? The holes in Mitt Romney's business dealings and taxes need to be addressed. Even George Will is now urging Mitt Romney to disclose his tax forms. “The costs of not releasing the returns are clear; therefore, he must have calculated there are higher costs to releasing them.” This is a hugely important issue. Are we really going to put this man in control? If we can't figure out exactly where Mitt Romney's ethics lie, what are we judging him on? It doesn't matter what side you come down on, we need to at least be able to make an informed decision.

 

UPDATED:

It is now estimated that the total amount of money being hidden in tax havens is somewhere between $21 trillion and $32 trillion. The size of the US and Japanese economy combined.

http://www.bbc.co.uk/news/business-18944097

 

 

 1 - http://www.reuters.com/article/2012/01/06/us-campaign-romney-bailout-idUSTRE8050LL20120106

2 - http://www.rollingstone.com/politics/news/the-scam-wall-street-learned-from-the-mafia-20120620

3 - http://www.washingtonpost.com/business/economy/romneys-bain-capital-invested-in-companies-that-moved-jobs-overseas/2012/06/21/gJQAsD9ptV_story_1.html

4 - http://www.vanityfair.com/politics/2012/08/investigating-mitt-romney-offshore-accounts

5- http://www.democracynow.org/2012/7/11/as_romney_evades_on_tax_returns

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This makes my head hurt. I take it all back to Mr. Reagan. That's when the bottom started dropping out. I called it "mourning in America."
You document it well. But the question at this point is who will it convince? The conservative right admires him for it and it's not enough for the liberals disillusioned by Obama. They say only 7 per cent of independents are still undecided, so the election may boil down to who has the adds who draw these wallflowers out of the closet.

Third parties? Why not let them do it this time?
this is some pretty freakin brilliant analysis by a fashion model.. I guess you were studyin outside your day job.... welcome.... big credit to the editor for having the balls to post this =)
This of course is "a pretty freakin analysis by a fashion model". I'm just curious if this former fashion model has any understanding of how the business, especially a big business, operates. While collecting all this data, did you have a moment to think what the Bain Capital did good? Did you have a moment to think how many successful companies are thankful that there was and still is this great company? Let me give you a short list: Staples, Domino's Pizza, Sealy, Brookstone, The Sport Authority, Burger King, Burlington Coat Factory, Dunkin's Donuts, Toys"R" Us, etc. Do you know that Staples alone has now 90,000 people employed? In 2.000 stores all over the country! By talking about a few, yes, just a few company that went belly up, that's unfortunately what's happening with some ideas: they are not working! But to be able to understand that you have to know something of how businesses are operating. But you don't care! It's not your goal to talk seriously about creations of companies, the pain that goes along with opening a business. I had a small company, I know what I'm talking about. And sometimes I believed that I got some pretty good ideas, and I started to implement them, and than... I saw that this "great" idea was not going to work. So, I stopped. I let people go. Was I bad? I don't think so. If I were continuing to do what was obviously a failing proposition, I would go down myself taking along some other people whom I employed. Let me tell you something: go and start something. Get your behind from the chair in front of the computer and do something good for you and others. Maybe than, you would understand what you're talking about now without any knowledge of the subject!
Thanks for the kind comments. It's much appreciated. Ben, you make good points.

Inga, I see what you are saying. The reason I decided on this subject; I don't know where Mitt Romney stands on any issue. I'm being sincere about this. What are his morals? What are his convictions? Which issues are important to Mitt Romney? He has been on the side of almost every issue, so how are we to know? If he won't tell us, the only way is looking at how he ran his business. It seems that Mitt Romney has no problem skirting laws and going into legal gray areas. He doesn't seem to understand that extreme wealth creates extreme poverty. He's part of a circle of business men who believe policies of "free trade" are a good idea. He clearly thinks it's okay for poor nations to be enslaved by debt, and to profit from it. Why is he hiding so much from us? Why won't he be open and honest? I think the answer is that many republicans would even be turned off and stay home. Maybe they'd vote for Ron Paul. I wanted to mention Bain's close relationship with Goldman Sachs also, but it was hard to work into the flow of the piece and it would have ballooned. As for business experience, as a model, you run your own business. You are your product. As a model, you get a huge look into fashion companies and magazines. I dealt with very wealthy people, and I dealt with people struggling to keep their businesses alive. Some of these people also become your friends and you get an even closer look. These companies range from small to enormous. I have a huge respect for fashion designers. It is the hardest of businesses. I know that the perception is that a model is hired by the model agencies. The fact is that, contractually, the agency works for the model. Models are independent contractors (an independent business). It's one of the reasons why getting something like a cosmetics contract is so huge for models, stability. So I do know a thing or two about running a business.
When backing up Romney’s claim that he left Bain in 1999, every one of his surrogates uses the extremely carefully crafted statement that he was no longer involved in the “day-to-day operations” of the firm. While this may be technically true, it is also irrelevant. What matters is whether as CEO of Bain he had the authority to step in and direct the firm to take a particular action. If he had the authority, then he was also responsible for the actions taken by the firm. He cannot enjoy the obvious inherent benefits of having the ability to direct the firm’s activities, regardless of whether he exercised that control, without accepting responsibility for what happened during that period. (This holds true even if he had significant influence rather than absolute power, akin to a CEO operating under the authority of a board of directors).

In addition, it cannot be denied that Romney, Bain, and the Bain fund investors all benefited from the fact that Romney remained as the named CEO from 1999-2002. If Bain had replaced him as CEO, it could have affected Bain’s ability to attract new investors, impacted the value of the companies that Bain had already invested in, and impacted the value of the new investments it made during that three year period. Therefore, if Romney was CEO of Bain in name only and had no longer had any influence whatsoever between 1999-2002, then he and Bain mislead investors with their SEC filings—the fact that the CEO had left the firm would have been material information, not a mere clerical formality (in fact, the announcement that a CEO has left a company is always considered material to investors). If Romney continued to have authority at Bain, then he and his surrogates have mislead everyone else with their “not involved in day-to-day operations” line.

An analogous situation would be that of a CEO running a multinational corporation with several subsidiaries. Although the CEO of the parent company would also be CEO of the subsidiaries, he would delegate the duty of day-to-day operations to a local managing director. However, he would receive financial and operating reports and have the authority to step in and direct any given subsidiary’s activity at any time he felt necessary. An even more relevant analogy would be the President of the United States and his Cabinet. The President is not involved in the day-to-day operations of the Department of Education, but he has the ultimate authority over the department and can direct the Secretary of Education to take an action of his choosing at most any time. In both these examples, the person in charge has both the authority and responsibility, despite not being involved in the day-to-day operations.

So the three questions the press should ask the Romney campaign are as follows: (1) Did Romney receive internal reports from Bain and/or the companies it invested in during the period between 1999-2002, (2) Did Romney have the authority (or significant influence) to direct Bain to take action regarding the firm itself or the companies it invested in during the period between 1999-2002, and (3) Were the investors in Bain and the investors in the Bain portfolio companies clearly advised the Mitt Romney no longer had any authority (or significant influence) over Bain during the period between 1999-2002. Another highly relevant question is whether Romney participated by phone in any Bain management committee meetings from 1999-2002 (I’d be shocked if he did not).

The bottom line is this: You cannot have authority and at the same time disclaim responsibility.
Nothing like the facts to reveal hypocrites and the morally bankrupt. Thorough and informative post. Thank you.
so long as americans regard the constitution with religious veneration, there is nothing to be done.

it was written to protect wealth, and it does. get another one- start by grafting the swiss constitution onto the successful second american revolution.

or just go on kidding yourselves.
It seems that that list of companies listed by Inga provide minimum wage jobs (so, cannot support oneself) and probably do not provide adequate health insurance (so, taxpayers cover their health care costs allowing owners to pocket more profits and then the employee will lose their job since they could not make it to work).
Bain started as a money launderer for off-shore shell companies located in Panama. Dictators and assassins would put their money in the shells and then it would go to Bain. Bain would then invest the money in the U.S. The LA Times has tracked these Bain startup deals down and noted the participants. Worst is the Arena Party in El Salvador, which stayed in power by assassination. Bain is still a place to off shore money to escape the law. And Romney is a professional theif. It was so dirty that Bill Bain said none of the Bain Capital clients could be exposed or related to the parent company, Bain & Company. This is why Ann Romney says "you people have enough information." Any more would debunk Romney's run for the presidency.