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Richard (RJ) Eskow

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A Tale of Three CEOs: Romney, Bain, and a Crooked Executive's Overlooked Story

Posted: 08/20/2012 2:38 am

In the annals of Mitt Romney's days at Bain Capital, one story seems to have escaped our collective memory. It involves Bain's acquisition of a New York City drug store chain during Mitt Romney's tenure there, and the hiring of a new president who would turn out to have pronounced criminal tendencies.

When the story of Duane Reade's Anthony Cuti is put together with the better-known story of Bain's relationship with a Medicare-defrauding lab testing company, it becomes a tale of two criminal CEOs -- and of the presidential candidate who was involved in choosing them both.

Damon International

Recent media scrutiny of Romney has uncovered the case of Damon International, the medical lab company which Bain purchased in 1989. In addition to being Bain's CEO while it owned Damon, Romney continued to sit on Damon's Board of Directors after Bain took the company public in 1991. The company was eventually sold to Corning in 1993, which netted Romney $473,000 in personal earnings as well as creating additional profit for Bain.

That brings us to the matter of one Joseph Isola. According to the Boston Globe's archives, the paper ran a story on Jan. 5, 1990 entitled "Isola Takes Over At Damon." Then there's this headline, from July 31, 2000: "Damon Lab Executive Pleads and Is Sentenced For Conspiracy to Defraud Medicare, Reports U.S. Attorney."

The story says that a United States attorney had announced on July 26 that "Joseph Isola, age 53, formerly of Westwood, Massachusetts, and former President of Damon, an independent clinical blood laboratory, pled nolo contendere last Friday before U.S. District Court Judge Edward F. Harrington to a one count information charging a conspiracy to defraud Medicare in connection with medically unnecessary clinical laboratory blood testing."

The scandal came to be known as LABSCAM, and it included the period of Romney's involvement with the company. As Forbes observes, "before Romney indicated that he was involved in conducting an investigation while he was on the board of directors, he said that he was completely unaware of any investigation."

Romney has at various times claimed that he didn't know about the illegalities, that he "blew the whistle" on the illegalities, and that he put a stop to the crimes without notifying the authorities: "We put in place a program to stop that immediately. That's how you blow the whistle."

Um, no. You don't "blow the whistle" on crooks in your own employ by telling them to stop committing crimes -- and letting them keep their jobs. But that's not the most important part of this story. Romney's shifting story is much more troubling, and says volumes about his character. It's astonishing that it hasn't become a major campaign scandal -- but that the artificial "you didn't build that" controversy has.

But that's not the most important part of the story either.

While Mitt Romney was running Bain Capital, and while Bain Capital owned 100 percent of Damon International, Joseph Isola was selected by the Romney team to serve as the company's CEO. Romney then oversaw Isola's management of the firm for several years -- and Isola kept his job.

And a lesser-known story shows that this has happened more than once.

Duane Reade

Bain Capital's involvement in Duane Reade Pharmacies hasn't received nearly as much attention as Damon International, which was the subject of a major communications push by the Democratic National Committee. The spotlight has yet to be trained on this story.

Duane Reade was a well-known chain of family-owned New York City pharmacies when Bain Capital purchased it in 1992. In 1996, shortly before selling the chain to another buyout firm, Bain Capital hired a former Pathmark executive named Anthony Cuti to serve as Duane Reade's CEO.

From Bloomberg News, Aug. 22, 2011, under the headline "Ex-Duane Reade Chief Cuti Gets Three-Year Prison Sentence":

Former Duane Reade Inc. Chief Executive Officer Anthony Cuti was sentenced to three years in prison for falsely inflating income and misleading investors ... U.S. District Judge Deborah Batts also ordered Cuti today to pay a $5 million fine. Batts called Cuti "a gifted, arrogant, driven, entitled individual" who "bullied people into committing fraudulent acts to make the company look better than it actually was" to increase his pay.

Batts said Cuti was also guilty of "the height of hubris" for re-writing his employee compensation plan that would allow him to double his compensation even if he was fired for cause, which later occurred.

The crimes were committed between 2000 and 2005, commencing roughly four years after the Bain sale. A subsequent Duane Reade owner apparently discovered Cuti's irregularities, and he was fired in 2005. But he was presumably the executive in charge when Duane Reade's New Jersey stores began the behavior which eventually led to a $50,000 fine from the State of New Jersey the following year -- behavior that included selling expired and/or mispriced non-prescription drugs, infant formula, baby food and other products at the company's New Jersey drug stores. (Duane Reade promptly violated that agreement, leading to $200,000 in fines and fees the year after that.)

Damon International's Medicare fraud made it an attractive target for Democratic campaigns, especially in Florida and other states with high Medicare populations. But selling expired drugs and infant formula is a pretty nasty thing to do too. And hiring an executive who commits serial investor fraud? Investor fraud's the kind of crime that brought down our economy -- and for which no Wall Street executive has been arrested.

A Tale of Three CEOs

There's no evidence that Romney was directly involved in the ongoing criminality which took place for years at Damon International -- even though some of it took place on his watch. And there's certainly no evidence he knew of the crime spree that Anthony Cuti would eventually undertake when Cuti was hired as Duane Reade's CEO.

It certainly raises questions about Romney's judgement, however. Isola was promoted from within, while Cuti was presumably selected after a thorough search. In both cases, Mitt Romney had responsibility for ensuring that the right person was selected for the job. It's reasonable to ask whether this casts a negative light on a would-be president's ability to judge human character and make good hiring decisions.

But, valid as those questions are, this story is bigger than Joseph Isola and Anthony Cuti. It's bigger than Bain Capital or even Romney's candidacy. In Part #2, we'll discuss the most important aspect of this tale of three CEOs: Mitt Romney, Joseph Isola, and Anthony Cuti.

 

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In the annals of Mitt Romney's days at Bain Capital, one story seems to have escaped our collective memory. It involves Bain's acquisition of a New York City drug store chain during Mitt Romney's tenu...
In the annals of Mitt Romney's days at Bain Capital, one story seems to have escaped our collective memory. It involves Bain's acquisition of a New York City drug store chain during Mitt Romney's tenu...
 
 
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carburetor
Because money isn't everything!
03:39 PM on 08/25/2012
Mitt Romney's quest for money shows that he has no boundaries. He'll deal with anyone who can help his bottom line. Morals and principle mean nothing to him if the money is right. After the fact, if questioned, he'll just deny having any part in it or he'll claim that the matter was dealt with... when in fact, it was swept under the rug. Romney as president, will be worse than George W. Bush, since his business interests will be the primary motivation for his leadership decisions. Mitt will just take as much money out of the country as he can in four years. He'll use the government to do it, using the very same architects of disaster that Bush used.
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lhoffman5
72 yr old,Eisenhower Rep. Retired history Teacher
08:56 AM on 08/22/2012
In other words, Mitt makes bad choices for positions of importance, than he backs up the bad choices with given people guilty of bad things promotions. Than he tells the public one story only to have to change his tune when the paperwork and the truth come out, in which case he excuses himself by lying!
And, this is in addition to his stand on Women's issues, the budget, taxes and job creation. This is the man who would be President? As for me and the 14 others I have convinced to vote for the Presidents reelection, I will continue to try to convince others to do the same!
As a registered republican, I can not in good consciousness vote for this Un-American party, they are against everything that made this country great, as far as i can figure they would take us back to 1865! Not for me!
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harrymcg
07:59 PM on 08/22/2012
Goes for me, bain, stripping companies, hundreds of millions in offshore acct., lying about taxes, release 8 yrs if u r clean great if guilty suffer, changes story every week after he gets caught, Ryan plan would cut his taxes from 12% to .78%. Mitt made much more than 23 mil. Keep on hiding. I am not trying to knock someone's faith. I cannot get past his beliefs or morals. They believe no hell when u did u go to a stopover place. No matter how bad u were u get another chance. Maybe this is why he lies so much. We will have a judge which will not be a man. We are all sinners!!!!
03:02 PM on 08/21/2012
great news gathering & analysis, RJ.
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O4US
I'll go with the 'Blue', thank you
10:15 AM on 08/21/2012
From what we know and have seen of Mitt Romney, logically he shouldn't stand a chance of defeating President Obama. Unfortunately, elections are largely motivated by emotions. This is why it is so important for Democrats to elevate a charge to the polls. A Romney presidency would surely be a setback the country doesn't need and especially so after 8 long years of Bush and a huge recession.
09:19 AM on 08/21/2012
HMMMMM
martman1
retired business owner
08:20 AM on 08/21/2012
"Behind every great fortune lies a crime" - Balzac
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harrymcg
07:50 AM on 08/23/2012
And they are the only ones that don't know it except.another sleeze ~~~~if you are very rich there is a good chance you cheated, maybe taxes, did not pay your employees honestly, inside info. to make a deal then give him a kickback, grey area on taxes count it of caught just pay it we will make out. I can assure u this is going on with more than we would believe. There are still good honest ones left.
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charlesamerica
12:38 AM on 08/21/2012
Did we not just hear about two of the guy Obama appoint leaving $300 billion on the table while in 2009 & 2010 4.4 million households where foreclose and one of the dude in Geithner knew since 2008 that the LIBOR was rigged which set the rate for $350 trillion in debt. Romney's got bad decision making skills, but you did say he made $473,000 but America right now in the last 3.5yrs put another $5 billion onto the Nation Debt.

Did not the head of FHFA Edward DeMarco say no to refinancing Prime loans and now what he overseeing the payback terms were changed and all the profit come to the Federal Government but Fannie & Freddie still own us $150 billion, but Romney got issues?
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harrymcg
08:28 PM on 08/22/2012
Lets go back to 2000 to 2008, two unfunded wars, 6,300 dead, 48,000 wounded for life, some no arms & legs, countless brain injuries, families torn apart, will suffer the rest of their life. No soldier will not risk their life for this country. Served my 21 like thousands more, son fought in afghan. Reenlisted 15 yrs. Many brave men & women give their best but no WMD were ever found. Even Bill O'Reily said on his show we should have never gone. All a solider asks is for his country to be honest and we are ready at any minute. Dem&Rep. Have lied and not given their best for this country leave you party BS outside do the job for everyone. Go home if it is too tough for you. Let's don't forget who gave us the housing market. I voted for bush both times but sick of tea party & rep not honestly trying to get jobs. Some rep have admitted mcConnell and some others told them to toe the line don't help Obama. They may regret this one!!!!!!!
10:41 PM on 08/20/2012
I really didn't think the Republicans could find a worse candidate for the highest office in the land than George W. Bush. But it's possible I was wrong.
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VBH1622
Die Gedanken Sind Frei
09:22 AM on 08/21/2012
Just remember, W[arrior] won once and was gifted with a second term.

VOTE!

Obama 2012!
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MayaAtlantis
We are all connected.
03:06 PM on 09/02/2012
G W is looking good right now!
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grainysmith
I heart worms
10:15 PM on 08/20/2012
Wealthy
people
are
thebiggest
thieves
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Wayne Caswell
Consumer Advocate & Founder of Modern Health Talk
09:21 AM on 08/21/2012
And the GOP wants to put an investment banker in the White House? That figures.
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grainysmith
I heart worms
09:26 PM on 08/21/2012
It
is
insane.
They
want
to
finish
us
off
for
good.
shylove2
warfare state is pathological
09:03 PM on 08/20/2012
More profits of doom and why financial corporate experience is the last expertize we need to go along with th eimmorlity of our optional wars for the profit options of the military industrial complex.
This user has chosen to opt out of the Badges program
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02:45 PM on 08/21/2012
"More profits of doom" hahah, very apropos!
06:20 PM on 08/20/2012
I always enjoy reading your column and how you put it back into perspective. Namely: Romney's experience as an executive, which he is trying to tout as a redeeming qualify, under closer scrutiny appears to be more of a liability. I don't fault Romney with the actions of others (I assume that he had no direct dealings with illegal activities). But it is right to fault him for poor decision making, poor analysis of character, both essential to being an effective President.

A relatively small firm like Bain is peanuts compared to the complexity and interconnectivity that is the US government. And unlike the simple arithematic behind a business' function (profit-making), there are a lot more considerations for a government, like health and welfare, security, and future investment, that have absolutely no parallels in the for-profit capitalist economy. If we cannot trust in his judgement of people or making worthwhile decisions, how can we trust him to work for Americans? Can we have some assurance that he will work hard for the properity of all Americans, not just the rich? After all, he is running to become the President of the entire US, not just those that own it. I cannot say that I trust that society's well being will be protected by his presidency. And after the selection of Ryan, I can definitely say that the well-being of society will not be held by a Romney-Ryan administration.
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camelias and sweet tea
Small drinking village with a shrimping problem
08:59 PM on 08/20/2012
f/f great post.. I agree the man has very poor judgement.
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Judie Vc
rMONEY OUTSPENDS SICKY 6:1 ON Mi = UNELECTABLE!!!!
09:30 PM on 08/20/2012
Gr8 post, Morphius. F&F.
We see that poor decision making in his selection of Ryan who co-sponsored a bill with Akin on forcible rape.
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Jay Daterman
Dump The Teapot
05:51 PM on 08/20/2012
The more one learns of corporate big shots the more one realizes we neither need nor want them in public office. Slimy brown nosing greedy crooks!
02:42 AM on 08/21/2012
Yet, about 1/2 of us want to vote one in to the White House. Again. Because we apparently haven't had enough of CEOs in the White House...
PROGRESSISGOOD
Without Economic Justice, There Is No Justice!
05:47 PM on 08/20/2012
Hey what's the problem. According to Republicans, if you are rich or profitable it doesn't matter how you got there.

"Profits are more important than People"
GOP 2012
07:26 PM on 08/20/2012
tell that to the lottery winner......
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GroveGal10
chillin' on Biscayne Bay
04:30 PM on 08/20/2012
Fascinating reporting, thank you! I will anxiously look for part 2. I hope more news outlets pick up this story. When Romney or anyone else heads a company, they are responsible for the people they put in high places to run that company. If it was one incident you'd say it happens. But 3 and probably more is a question upon Romney's judgment. He foregoes that for greed.

I don't want that man close to anything he can decide upon including war.
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Judie Vc
rMONEY OUTSPENDS SICKY 6:1 ON Mi = UNELECTABLE!!!!
09:35 PM on 08/20/2012
Well said, Grovegal, which is why Myth not taking responsibility for Bain actions from 1999 to 2002 is cowardly, he put that board in charge during his absence.
F&F.
04:02 PM on 08/20/2012
As usual, Romney will say anything that serves his purpose at the time. The facts are always getting in the way of his self serving narrative.