Compliance
Philip Falcone Agrees Five-Year Industry Ban As Part Of $18 Million SEC Settlement

New York hedge fund
advisor Philip Falcone and his advisory firm Harbinger Capital
Partners yesterday
agreed to pay over $18 million and admit
wrongdoing to settle charges by the US Securities and Exchange
Commission.
The authority said it filed enforcement actions in June 2012, alleging that Falcone used $113 million in Harbinger fund assets to pay his personal taxes; favoured certain customer redemption requests at the expense of others; and conducted an improper "short squeeze" in bonds issued by a Canadian manufacturing company.
Falcone, who made a fortune by speculating on the collapse of the
US sub-prime mortgage market, has agreed to be barred from the
securities industry for at least five years,
it added.
Falcone and Harbinger yesterday
admitted to “multiple acts of misconduct” which the authority
said “harmed
investors and interfered with the normal functioning of the
securities
markets.”
The settlement, which has yet
to be approved by the US District Court for the Southern District
of New York, requires Falcone to
pay $6,507,574 in disgorgement; $1,013,140 in prejudgment
interest; and a $4
million penalty. The Harbinger entities must pay a $6.5 million
penalty.
The securities
industry bar against Falcone, meanwhile, will allow him to assist
with the
liquidation of his hedge funds under the supervision of an
independent monitor,
the SEC said.