According to the SEC, yes. And this is the problem, not whether Romney sat at a desk at Bain, not that he ran the Olympics, but that Romney and Bain filed false reports to the SEC.
grrr...."Break". Dammit. Why can't we modify titles?
So. Here's the deal.
Romney and Bain either:
a. Intentionally misled investors by stating Romney was an active participant of the company at the time, compelling their investment.
or
b. Romney was, in fact, actively involved in the company at the time.
Which is it?
These periodic reports include or incorporate by reference types of information that would help investors decide whether a company's security is a good investment. Information in these reports includes information about the company's officers and directors, the company's line of business, audited financial statements, the management discussion and analysis section (in which the company's management discusses the prior year's performance and plans for the next year), and audited financial statements. Aside from periodic reporting, the Exchange Act also mandates disclosure at certain crucial points so that investors can make an informed decision before exercising ownership rights in stock.
The SEC's power to compel the statutory disclosure requirements is backed by the SEC's power to bring enforcement actions against companies that disseminate fraudulent or incomplete information in violation of the federal securities laws.
grrr...."Break". Dammit. Why can't we modify titles?
The Exchange Act protects investors by making sure information is available, but also protects investors by prohibiting fraud and establishing severe penalties for those who defraud investors, as well as those who engage in some trading practices that take advantage of information most investors do not have. When federal securities laws are violated by market participants, the SEC can bring a civil enforcement action and can also bring criminal actions for some violations. The Exchange Act is also more generous than the Securities Act in providing investors with a right to bring a private suit against market participants who have defrauded them
So. Here's the deal.
Romney and Bain either:
a. Intentionally misled investors by stating Romney was an active participant of the company at the time, compelling their investment.
or
b. Romney was, in fact, actively involved in the company at the time.
Which is it?