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In Preparation For Solyndra 2, A/K/A LightSquared: A Humiliated Phil Falcone Gets Wells Notice

Tyler Durden's picture




 

Just because Solyndra was not enough of a humiliation for the president, not to mention MF Global where inquiring minds are wondering when the president and vice-president will refund any and all campaign donations received by Jon Comminglerzine, here comes the next public fiasco for the administration, as the broader public shifts its attention to LightSquared by way of owner Harbinger capital, and its flamboyant head (and wife) - Phil Falcone. As has been just released in an SEC filing, Harbinger has received a Wells Notice from the SEC. Now in a time long, long ago, or about three years ago, before market criminality and manipulation became wholly endorsed by the US government, getting a Wells Notice was a death sentence for any hedge fund. Alas, it still is: "The Wells Notices state that the staff intends to recommend or is considering recommending that the Commission file civil injunctive actions against HCP, Harbinger Capital Partners Offshore Manager, LLC, Harbinger Capital Partners Special Situations GP, LLC, Mr. Falcone, Mr. Asali, and Ms. Roger alleging violations of the federal securities laws’ anti-fraud provisions in connection with matters previously disclosed and an additional matter regarding the circumstances and disclosure related to agreements with certain fund investors." And whether the Wells Notice is merely an inquiry into Falcone previous shady hedge fund-dipping practices described here, or a preamble to a full blown public spectacle-cum-humiliation on Harbinger's LightSquared remains to be seen. One thing is certain: Mrs Falcone will milk the newly found notoriety to its full extend, prenup firmly in gold-braceleted hand.

Per the 8-K:

On December 8, 2011, Harbinger Capital Partners LLC ("HCP") and certain of its affiliates, including Philip A. Falcone, Omar Asali, and Robin Roger, received "Wells Notices" from the staff of the United States Securities and Exchange Commission.  Investment funds managed by HCP are our controlling stockholders.  Mr. Falcone is our Chief Executive Officer and Chairman of our Board of Directors.  Mr. Asali is our Acting President and a member of our Board of Directors and Ms. Roger is a member of our Board of Directors.

 

The Wells Notices were not addressed to the Company or any of its subsidiaries (including Spectrum Brands Holdings, Inc.) and the matters described in the Wells Notices do not include any conduct involving, by, or on behalf of the Company or any of its subsidiaries (including Spectrum Brands Holdings, Inc.).

 

The Wells Notices state that the staff intends to recommend or is considering recommending that the Commission file civil injunctive actions against HCP, Harbinger Capital Partners Offshore Manager, LLC, Harbinger Capital Partners Special Situations GP, LLC, Mr. Falcone, Mr. Asali, and Ms. Roger alleging violations of the federal securities laws’ anti-fraud provisions in connection with matters previously disclosed and an additional matter regarding the circumstances and disclosure related to agreements with certain fund investors.

 

A Wells Notice is an indication of the current views of the staff of the Division of Enforcement, prior to a decision by the Commission.  It does not constitute a determination that the recipients have violated any law.  Should the Commission accept the recommendations of the staff, the Commission could seek a range of possible remedies, including permanent injunctive relief, a cease-and-desist order, censure, a bar (as to the individuals) from association with an investment adviser, investment company, and/or broker-dealer, disgorgement, pre-judgment interest, and/or civil penalties.  It is not possible at this time to predict the outcome of these investigations, including whether or when any proceedings might be initiated or whether the matters will result in settlements on any or all of the issues involved.

 

HCP and its affiliates are disappointed that the staff issued Wells Notices in these matters.  Except with respect to certain previously disclosed matters regarding Rule 105 of Regulation M, they strongly disagree with the staff that any violation of federal securities laws occurred and, in accordance with SEC procedures, plan to submit responses explaining why they believe enforcement actions are unwarranted.  If the SEC decides to bring an enforcement action, HCP and its affiliates intend to vigorously defend against it.

 

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Fri, 12/09/2011 - 11:25 | 1962855 CPL
CPL's picture

The old shell game.

 

Otherwise I was waiting for this news on the Solar junkette and WFC.  Man, what a fucked up situation, pensions are taking a royal beating.

Fri, 12/09/2011 - 11:36 | 1962881 GeneMarchbanks
GeneMarchbanks's picture

We all act surprised on three. Ready? One...

Fri, 12/09/2011 - 12:13 | 1963090 CPL
CPL's picture

<gasp!!>  No. Way!

 

kk, I'm ready to act surprised now.  Let in the media.

Fri, 12/09/2011 - 13:50 | 1963540 divide_by_zero
divide_by_zero's picture

They'll cover this about as good as Solyndra, Gun Walker, Fast and Furious. The MSM will protect their man.

Fri, 12/09/2011 - 15:12 | 1963873 knukles
knukles's picture

Hah ha hah ha
Fuck Phil Falcone

Fri, 12/09/2011 - 11:10 | 1962757 qussl3
qussl3's picture

.

Fri, 12/09/2011 - 11:25 | 1962857 CPL
CPL's picture

My thoughts exactly.

Fri, 12/09/2011 - 11:09 | 1962779 Gene Parmesan
Gene Parmesan's picture

Here's a pic of Lisa Falcone for anyone else who needs it to properly digest the article:

http://cache.dealbreaker.com/uploads/2011/05/lisafalcone.jpg

 

Fri, 12/09/2011 - 11:12 | 1962797 Momauguin Joe
Momauguin Joe's picture

She made her money the old fashioned way. She married it.

Fri, 12/09/2011 - 11:15 | 1962807 walcott
walcott's picture

$5 lizard milf ho

Fri, 12/09/2011 - 12:05 | 1963045 prains
prains's picture

The dress looks like a giant nut sack and she's the sharp end of the prick,nice double entendre by the designer.

Fri, 12/09/2011 - 11:25 | 1962853 rufusbird
rufusbird's picture

Yikes! an Arthropod!

Fri, 12/09/2011 - 11:27 | 1962864 CPL
CPL's picture

When they bury her, bits of her will stick around for years after teh fact.

Fri, 12/09/2011 - 12:53 | 1963309 LeBalance
LeBalance's picture

McDies fries?

Fri, 12/09/2011 - 11:28 | 1962868 SheepDog-One
SheepDog-One's picture

90% silicone socialite reptilian droid.

Fri, 12/09/2011 - 11:34 | 1962888 GeneMarchbanks
GeneMarchbanks's picture

10% toothed vagina...

Fri, 12/09/2011 - 11:41 | 1962926 kralizec
kralizec's picture

Whoa!  Somebody has got one messed up fairy godmother!

Fri, 12/09/2011 - 15:17 | 1963897 TheFourthStooge-ing
TheFourthStooge-ing's picture

Also known as vagina dentata:

http://en.wikipedia.org/wiki/Vagina_dentata

 

Fri, 12/09/2011 - 15:46 | 1964000 smiler03
smiler03's picture

Vagina Dentata, as in Genes Avatar :O)

Fri, 12/09/2011 - 11:30 | 1962874 Bananamerican
Bananamerican's picture

"(Falcone) produced the song and sings along as it blasts from iPod speakers on the table: "Come on bitches, get your hands in the air, ugly bitches too, we don't care!"

a class act...criminal class

Fri, 12/09/2011 - 12:10 | 1963077 Non Passaran
Non Passaran's picture

Sounds very egalitarian to me...

Fri, 12/09/2011 - 12:17 | 1963106 JW n FL
JW n FL's picture

 

 

Boca Bitchez are Hawt!

I always wondered what would make a man turn Gay.. after years of marrige.. now I know.

Fri, 12/09/2011 - 12:19 | 1963119 cbxer55
cbxer55's picture

I just threw up a little bit. EESH, shes quite ugly. Two-bagger.

Fri, 12/09/2011 - 11:10 | 1962786 Chump
Chump's picture

There should be an investigation into the greasy wheels for Lightsquared's bullshit terrestrial receivers, too.  Cronyism at its worst: their business proposal is radically different than what they initially proposed to the FCC, yet they get green lights until the military discovers that, yes, broadcasting right next to the GPS portion of the spectrum at a couple hundred times the power of GPS signals *gasp* disrupts those GPS signals.

http://www.thedailybeast.com/articles/2011/09/15/lightsquared-did-white-house-pressure-general-shelton-to-help-donor.html

 

Fri, 12/09/2011 - 11:14 | 1962804 unununium
unununium's picture

> prenup firmly in gold-braceleted hand.

Article states "eightteen years and no prenup."

Fri, 12/09/2011 - 11:21 | 1962831 Tyler Durden
Tyler Durden's picture

Hence the sarcasm.

Fri, 12/09/2011 - 12:22 | 1963135 cbxer55
cbxer55's picture

Some people would not know sarcasm if it bit them in the azz!

Gotta draw em a picture.

Fri, 12/09/2011 - 15:16 | 1963891 knukles
knukles's picture

Phil Falcone walks in to 21 with a ugly skank on his arm.  Barkeep asks; "Where'd you get that?"  The skank replies, "Started as a cancerous sore on my anus."

Fri, 12/09/2011 - 11:14 | 1962805 AccreditedEYE
AccreditedEYE's picture

I don't think even Lloyds would cover that kind of liability... and I ain't talking about LightSquared.

Fri, 12/09/2011 - 11:15 | 1962811 Peter K
Peter K's picture

Mrs Falcone will milk the newly found notoriety to its full extend, prenup firmly in gold-braceleted hand.

You go, GIRL :)

Fri, 12/09/2011 - 11:23 | 1962843 azzhatter
azzhatter's picture

If Mrs. Falcone had as many dicks sticking out of her as she has had in her she would look like a porcupine

Fri, 12/09/2011 - 11:27 | 1962862 Maximilien Robe...
Maximilien Robespierre's picture

Mrs. Falcone can always join this distraught bankers wifes support group:

http://www.nytimes.com/2009/01/28/nyregion/28daba.html

Fri, 12/09/2011 - 12:16 | 1963098 JW n FL
JW n FL's picture

 

 

Boca Raton.

Fri, 12/09/2011 - 11:27 | 1962865 lunaticfringe
lunaticfringe's picture

The United States of Corruption. It's an epidemic. Fuckers. http://thecivillibertarian.blogspot.com/2011/12/corrupt-united-states-ho...

Fri, 12/09/2011 - 11:28 | 1962870 William113
William113's picture

Riddle me this. Isn't LightSquare the same company that forced an Airforce General to lie under oath. Where did that story go.

Fri, 12/09/2011 - 12:08 | 1963063 kralizec
kralizec's picture

Yes.  That was buried by the MFM rather effectively, eh?

Fri, 12/09/2011 - 11:31 | 1962879 SheepDog-One
SheepDog-One's picture

And....we're back at yesterdays highs, all market losses erased by futures pumping as usual.

Although still quite a less than impressive Santa Claus rally with the DOW at 12,100.

Fri, 12/09/2011 - 12:26 | 1963160 cbxer55
cbxer55's picture

Them algorithms are quite happy with the way things are, no? They don't need to eat, or buy gasoline, so off to the moon we go once again. Only thing that can stop their happiness is a nice early morning EMP blast.

Fri, 12/09/2011 - 11:38 | 1962909 Seasmoke
Seasmoke's picture

Lisa Velasquez what a mess ........back to Harlem you go

Fri, 12/09/2011 - 12:32 | 1963203 Whoa Dammit
Whoa Dammit's picture

Her story in W Magazine May 2010:

http://www.wmagazine.com/society/2010/05/lisa_maria_falcone

An odd quote that was actaully about why she no longer walks her pig in the park:“I thought, Oh, my God! I can see it now. My husband will lose his whole business, and it will be me, the pig, five dogs, a cat and my daughters out on the street, no place to live!” 



Fri, 12/09/2011 - 12:59 | 1963335 Georgesblog
Georgesblog's picture

Oops! Looks like somebody landed on Boardwalk and Park Place, in the same turn, again. Now, let's see if they roll their third double in a row, and go straight to jail.

http://georgesblogforum.wordpress.com/2011/11/02/the-daily-climb-2/

Fri, 12/09/2011 - 13:39 | 1963499 Nobody For President
Nobody For President's picture

It truly looks like Mrs Falcone is on some sort of speed to keep her weight down, I'm concerned for her health.

And isn't Phil Falcone the bad guy in Batman Begins? Oh wait, that was his brother Carmine, presently in Arkham Asylum.

http://www.imdb.com/media/rm2062850304/ch0000224

Fri, 12/09/2011 - 13:39 | 1963503 Totentänzerlied
Totentänzerlied's picture

"Just because Solyndra was not enough of a humiliation for the president"

Not if +75% of the public has never heard of Solyndra (they will never hear of ShitSquaredTM either). Also, they happen to be registered voters. Yes we can! Obomba second term here we come!

Fri, 12/09/2011 - 13:45 | 1963523 Totentänzerlied
Totentänzerlied's picture

"a full blown public spectacle-cum-humiliation"

Slutty Hedge Fund Wives starring Lisa Falcone?

Mon, 12/12/2011 - 15:26 | 1971171 Yossarian
Yossarian's picture

I understand why you guys like to pile on Falcone (his wife), but I'm not sure why you are piling on him w/respect to his LightSquared venture.  It's apparent to me that the bulk of the bad Falcone/LightSquared PR is likely derived from VZ/AT&T who do not want another competitor.  IF Lightsquared works it is good for all of us and bad for VZ/AT&T.  

Mon, 12/12/2011 - 16:02 | 1971341 Chump
Chump's picture

Lightsquared is crony trash.

http://science.house.gov/lightsquared-impact-assessments

Good luck, like, flying and stuff without GPS.  Or Lightsquared could like, you know, just operate on the end of the spectrum they initially applied to the FCC for.  Or they could, like, not operate via terrestrial receivers like they initially intended to.

But hey, I get it.  Angry Birds takes another 15 seconds to download on 3G.

Mon, 12/12/2011 - 17:13 | 1971612 Yossarian
Yossarian's picture

It is my understanding that the GPS problem is a result of the fact that the manaufacturers of devices that use GPS cut corners by not equipping those devices with technology that would have prevented this problem.  Thus the burden should be on them to equip their devices so that they stay within their on spectrum.  But I am not an expert and am open to persuation... 

Mon, 12/12/2011 - 17:32 | 1971678 Chump
Chump's picture

High-order precision GPS applications occupied their area of the spectrum first.  The FCC grants blocks on the spectrum specifically to avoid these sorts of conflicts.  Expecting manufacturers to anticipate any and all industry happenings for decades to come when designing their hardware is ridiculous, especially considering Lightsquared's terrestrial transmitters would operate at hundreds of times the power of these precision GPS receivers.  It's not about existing GPS units staying within their area of the spectrum (that doesn't really make sense anyway, they don't meander about).  The problem is that Lightsquared's signals within IIRC 26 miles of any of their proposed tens of thousands of terrestrial transmitters literally drown out any signals on adjacent portions of the spectrum.  Even when it was strictly proposed to be a terrestrial receiver service Lightsquared was only permitted to operate at nearly the opposite end of the spectrum from GPS applications.  Now that they've lubed up their cronies they're operating right next to the GPS end.  Silly, all to save a few million on billion-dollar technology.

Some estimates have retrofits for, just as an example, car navigation units at $300.00 a pop.  How much is a car navigation GPS unit currently?  Retrofitting a precision-surveying GPS totalstation is estimated at anywhere from 6K-10K.  These units cost approximately 30K new.

So no, this is Lightsquared's baby.  They initially applied for terrestrial receiving, not transmitting.  It's an entirely different business proposal and thus voids their initial FCC temporary license.  I'm not saying they can't do this, but they don't have the right to infringe on existing property and spectrum frequencies simply because they know which people to grease.  Hence my charge of cronyism.  It makes me sick.

Tue, 12/13/2011 - 00:31 | 1972765 Chump
Chump's picture

Wow I am completely wrong about the cost of retrofitting precision GPS receivers.  That costs 3 or 4 hundred bucks.  That 6-10K figure is not at all related to upgrading.  If I was getting interference, I'd buy the filter and see what happens in the courts and with the FCC as far Lightsquared is concerned.  Taxpayers would foot the bill for the military, but they don't want to spend the money and time on upgrading every single one of their receivers.

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