By Stephen Engelberg, ProPublica

Last week's admission by Sheldon Adelson's casino company that it had "likely" violated provisions of the federal law barring U.S. companies from bribing foreign officials raises some intriguing questions. Chief among them: Which transactions by Las Vegas Sands and its far-flung subsidiaries are at issue?

Adelson, one of the world's richest men, came to public prominence during the 2012 campaign, when he and his wife Miriam donated at least $98 million to various candidates and groups. Included was $30 million for the Restore Our Future super PAC that supported Mitt Romney and $20 million to Winning Our Future, a super PAC that backed Newt Gingrich. Late in the campaign, Adelson asserted that federal investigators had targeted his company because of his political activity.

The terse statement filed with the Securities and Exchange Commission by Las Vegas Sands noted "likely violations of the books and records and internal controls provisions of the FCPA" (Foreign Corrupt Practices Act) had come to light after three independent members of the board investigated "matters" raised by a February 2011 subpoena from SEC investigators and by an ongoing Justice Department inquiry.

In a news release issued Sunday, the company said the violations it had detected related to the "accounting provisions" of the law, not its "anti-bribery provisions."

Several news organizations have examined Las Vegas Sands' efforts to build its gambling business in Asia. The Investigative Reporting Program of the University of California, PBS Frontline and ProPublica published a story last year that disclosed the role of a local lawyer/legislator in overcoming regulatory hurdles in Macau, an autonomous region of China that is home to some of the company's most lucrative casinos.

Subsequently, The New York Times and The Wall Street Journal wrote detailed stories that centered on Yang Saixin, a shadowy Beijing businessman who told the Times that Las Vegas Sands had paid him $30,000 a month until his firing in 2009.

According to the Times' account, the company provided more than $70 million to companies tied to Yang to construct a trade center in Beijing and sponsor a basketball team. Several million dollars were "unaccounted for" after those projects were shut down, the Times reported.

Las Vegas Sands has declined to elaborate on its filing but did tell the SEC that "in recent years, the Company has improved its practices with respect to books and records and internal controls."

Finders Weepers: Early Bain Disputes Cast New Light on Its Business

by Jesse Eisinger ProPublica, Sept. 11, 2012

It was one of the "quickest big hits in Wall Street history," as the Wall Street Journal put it at the time.

In 1996, an investment group including Bain Capital, the firm then run by Republican presidential candidate Mitt Romney, sold the consumer credit information business Experian to a British retailer, making a $500 million profit. Bain and the other investors who reaped that windfall had closed the acquisition a mere seven weeks earlier, stunning the investing world.

Another party was stunned by the deal, but for a different reason. James McCall Springer believed that he had brought the idea to buy Experian to Bain in the first place.

Springer sued to get what he contended was his rightful finder's fee, eventually settling. And he wasn't the only one. At least three other parties had similar legal disputes with Bain during the early 1990s, when Romney led the company, raising questions of how rough-and-tumble the company could be. The suits also shed light on how Bain actually operated, complicating one of the main narratives Bain, the Romney campaign, and many commentators have used to describe the private equity firm.

The Romney campaign declined to respond to a request for comment on the lawsuits. Bain did not respond to a request for comment. And, of course, disputes about finder's fees are not uncommon; large sums are at stake for little work, a situation ripe for claims of aggrandized roles.

Most accounts of Bain characterize the firm as full of hard-working young men who sought to find troubled companies, invest in them and turn them around. Romney's presidential campaign website says that "under his leadership, Bain Capital helped to launch or rebuild over one hundred companies." Romney campaigns have embraced his reputation as a turnaround artist, as he has run on his private equity record and his overhaul of the 2002 Salt Lake City Olympics. He even titled his 2004 book "Turnaround," a memoir and account of the 2002 Salt Lake City Olympics.

But as the disputes illuminate, the reality of Bain's business in the early years is more complicated.

Often, Bain wasn't finding companies on its own. Finders and middlemen were more common in the early days of private equity than they are now. Smaller firms would seek out acquisition targets and bring them to the big buyout firms.

More significantly, Romney's firm wasn't always looking for startups or troubled companies that it could turn around.

Private equity companies conduct a variety of transactions other than buying startups with growth potential or troubled firms ripe for a turnaround. Some seek out family-run operations under the theory that those typically have a lot of fat to cut. Some like "roll-ups," buying up a bunch of small operations in one industry and combining them into a powerhouse with economies of scale. Firms buy divisions of large corporations that are trying to streamline their operations. Some acquisitions fit more than one of these descriptions. The constant is debt, and plenty of it. Private equity firms use such borrowed money to maximize their gains.

The Romney campaign says Bain did various types of deals. And it celebrates that Bain helped launch or rebuild some American corporate stalwarts, like Staples, Bright Horizons and Sports Authority.

Yet in addition, under Romney's tenure, Bain often sought out solid businesses that didn't need to be turned around. The reason: Such companies could operate under the burden of the enormous debt that Bain would layer on them.

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