A former partner at Bain Capital, who worked at the firm when Republican presidential candidate Mitt Romney was in charge, acknowledged on Sunday that Romney was “legally” the chief executive officer and sole owner of Bain Capital until 2002, not 1999 as Romney has previously stated, and said that Romney was engaged in a “complicated set of negotiations” over his exit pay for at least two years after he says he left the firm.
“Mitt’s names were on the documents as the chief executive and sole owner of the company,” Ed Conard, who served as a partner at Bain Capital from 1993 to 2007, said in an exclusive interview with Up w/ Chris Hayes. Asked again if Romney was chief executive officer of Bain Capital from 1999 to 2002, Conard said, “Legally, on documents, I suppose, yes.”
Despite Romney's statements that he left in 1999, Conard's new remarks suggest that, in fact, Romney's continued ownership of the firm enabled him to negotiate a better exit deal. "We had to negotiate with Mitt because he was an owner of the firm," Conard said.
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Asked whether Romney, as the legal president of the company between 1999 and 2002, could have ordered executives at Bain Capital at the time to put a stop to factory closures such as GST Steel, Conard said yes: “You’d have to presume that he was aware of it, yes. I don’t think he would have been aware of it.”
Asked if the factory closures and lay-offs that occurred between 1999 and 2002 were characteristic of Bain Capital’s record before 1999, Conard said, “I believe that’s true, yes. I think that Bain Capital does what Bain Capital does, which is try to make companies stronger and grow them faster.”
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Conard contended that, despite Romney’s legal status as CEO and sole owner of Bain Capital on federal regulatory documents filed with the SEC, a “management committee” oversaw the company’s day-to-day operations after Romney left in 1999. According to former Securities and Exchange Commission officials, however, representing Romney as the CEO of the company when he was no longer in charge would have been misleading to both federal regulators and investors.
“If the information is not correct then investors are potentially being materially misled,” Edward Siedle, a securities lawyer formerly with the SEC’s Division of Investment Management, said in a telephone interview Saturday. “The filings are supposed to require material disclosure. I mean, these aren’t pointless forms.”
Siedle added that both investors and federal regulators rely on timely and accurate filings for up-to-date information about a financial company’s operations, and that the officers listed on the filings should be considered responsible for the company’s actions. “All those designations indicate that he had significant responsibility at the firm,” Siedle said of Romney. “There’s a reason he was listed as president and CEO all those years.”