For most Americans justice means moral rightness based on ethics, law, equity, and fairness, and it is supposed to take into account the inalienable rights of Americans to enjoy equal protection before the law without discrimination, and is generally regarded as being an integral part of social justice. Unfortunately for all Americans, there is not fairness under the law when corruption and cover-ups protect rich and powerful men and it often leaves a victim feeling helpless with little or no recourse but to take the law into their own hands that generally connotes acts of violence. Fortunately for one victim, taking the law into his own hands means becoming a “private attorney general” and using the justice system in his 13-year battle against very rich and powerful adversaries with influence in high places.
Last Friday in California, a victim, Stephen “Laser” Haas, who has been denied justice for over a decade took the law into his own hands and filed a “Civil Racketeering” RICO complaint against Willard Romney, Bain Capital, Goldman Sachs, and various co-conspirators. Mr. Haas filed his complaint in California because a Delaware Bankruptcy Court deliberately held up a filing that named Romney in late October 2012, and later ruled in December that Haas was permanently barred from seeking justice in her federal court by issuing an order stating the court clerk is forbidden from accepting any of his filings in the eToys bankruptcy case.
By filing a Civil Racketeering complaint, Haas (the plaintiff) is allowed by law to become a “Private Attorney General” to address issues of “Prosecutorial Gaps” that exist in the eToys bankruptcy case. The gaps are the result of the former United States Attorney in Delaware (Colm F Connolly), who was previously a partner with the law firm that represented two of the defendants; Goldman Sachs and Bain Capital. As the U.S. Attorney, Connolly conveniently failed to prosecute his former partners, Romney, or Bain Capital, fulfilling the requirement of “prosecutorial gaps” Haas is addressing as a private attorney general. Any citizen is permitted to become a “Private Attorney General” to address issues of lack of prosecutions as their Civil Right that has been affirmed by the U.S. Supreme Court in the Sedima case.
Mr. Haas is prosecuting the case against Romney, Bain Capital, Goldman Sachs et al under the Racketeering Influence Corrupt Organizations Act (RICO 1970) that is part of 18 U.S.C. § 1961-1965 that lists “predicate acts” required to prosecute RICO criminally or civilly including Sections 152-156 dealing with bankruptcy fraud. In fact, 18 U.S.C. § Section 1964(c) allows that “any person injured in his business or property by reason of violation of section 1962 of the RICO chapter may sue by Civil RICO” that Congress believed was necessary because they were aware of “prosecutorial gaps” and provided the incentive of treble damages to entice parties to utilize the statute. Laser Haas felt that throughout 13 years of battling Romney and Bain Capital to reclaim his rightful place as executive to liquidate eToys, he was denied justice that was incentive to become a “private attorney general” and file a “Civil RICO” complaint against Romney. Romney is as culpable as his surrogate bankruptcy gang because he was head of Bain Capital when his gang corrupted justice in the eToys bankruptcy case.
According to Haas, he wants Romney’s bankruptcy gang that threw him out illegally held to account and demands reinstatement as the rightful executive with authority over the eToys estate. He is also going to ask the court to “Officially Notify and Refer” the case to the Department of Justice, and is magnanimous enough to not care if the perpetrators are prosecuted or sent to prison. There are millions of Americans whom may disagree with Haas and likely believe that Romney, like any other corrupt businessman, should be prosecuted with extreme prejudice and sent to prison if found guilty. However, it is likely that after the defendants are served with a Notice (subpoena), they will seek a summary dismissal in court or attempt to use corruption to have the complaint tossed out of court as they did in Delaware.
Despite America’s judicial system that allegedly holds every citizen to the rule of law, there is an underbelly of corruption that allows wealthy business leaders, and failed politicians, to circumvent the law with seeming impunity. Throughout the 2012 presidential election, there was revelation after revelation of malfeasance connected to Willard Mitt Romney and Bain Capital, and each time they were revealed outraged Americans asked why he was not investigated and why he is above the law. Whether it was cronyism, judicial corruption, or prosecutorial gaps, the would-be president has escaped even an investigation and it led Stephen Laser Haas to take legal matters into his own hands and become a private attorney general.
As such, Haas was within his civil rights to file a “Civil RICO” complaint against Willard Romney, Bain Capital, Goldman Sachs, and their operatives in hopes of reclaiming his rightful place as the executive of the eToys bankruptcy. It is highly likely that most Americans concur that the court is bound to notify the Department of Justice because in America, no man, or organization, is supposed to be immune to the rule of law; a thorough investigation will discover that for nearly 13 years, Romney and Bain Capital have been above the law.
In the interest of justice, and fairness, the Department of Justice should launch a criminal RICO investigation into Romney and his bankruptcy gang and prosecute them to the fullest extent of the law. They should also take heed that there will always be Americans who will, like Stephen Laser Haas, exercise their civil rights even if it means becoming private attorney generals and filing complaints against rich and powerful men. If nothing else, a Justice Department investigation will warn future Romney’s that in America, no man is above the law; even if they are filthy rich and ran for president.