This morning, MoveOn.org submitted the 7-page legal analysis and a
letter calling for an investigation to the U.S. Department of Justice.
The analysis contends that there is good reason to believe GOP
presidential nominee Mitt Romney may be criminally liable for false
statements he made in 2011 in his federal financial disclosure filing
(form SF-278)—in apparent violation of the federal False Statements Act
(18 U.S.C. §1001).
Romney claimed in his disclosure filing that he departed from “any”
active role in Bain Capital in 1999, which would be politically
convenient because it was before Bain Capital was most heavily involved
in outsourcing jobs. However, the legal analysis released today, which
includes a review of state law in Delaware, where Bain Capital was
incorporated, concludes that existing evidence is “clearly inconsistent
with [Romney’s] flat disavowal of ‘any’ involvement in the ‘operations
of any Bain Capital entity in any way’” after 1999.
“Candidates for office—especially an office as important as the
presidency—need tell the truth, even when it isn’t pretty,” said Justin
Ruben, Executive Director of MoveOn.org Political Action. “When it comes
to disclosing their finances, that’s not just a moral obligation, it’s a
legal one. We asked one of the country’s most prominent election law
attorneys to look into Romney’s disclosures, and his conclusions are
startling. Romney’s failure to level with voters may well be criminal.
It is time for the Justice Department to investigate.”
The letter calling for an investigation and the legal analysis were
sent to the DOJ’s Chief of Public Integrity this morning, and MoveOn
members are making phone calls to the DOJ today to urge that it begin an
investigation.
Melanie Sloan, Executive Director of Citizens for Responsibility and
Ethics in Washington (CREW), reviewed the legal analysis and seconded
MoveOn’s call for an investigation. “CREW strongly supports a Department
of Justice investigation into the evidence that Mitt Romney remained
involved with Bain Capital after 1999, given that he stated the exact
opposite in his financial disclosure forms in apparent violation of the
False Statements Act,” Sloan said.
It is undisputed that Romney was the sole director, Chief Executive
Officer and President of Bain Capital, Inc. at least through the middle
of 2000. MoveOn’s analysis finds that under Delaware law, while he held
these titles, Romney was legally required to maintain “reasonable
oversight” of Bain, which contradicts Romney’s claim in his 2011
disclosure filing that he did not have “any” involvement in Bain after
1999.
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