Try This For A Financial Sanction: Phil Falcone Isn't Going Anywhere
But Mr. Falcone and the SEC appear divided on two crucial questions, according to people familiar with the matter. The first point yet to be agreed on is the amount of possible financial sanctions, they said. The two sides also must resolve whether as part of the settlement Mr. Falcone would face a temporary ban from working in the securities industry or acting as a director of a public company. The hedge-fund billionaire's refusal to accept an industry ban, fearing it would essentially end his career, led to the breakdown of settlement talks last year...Harbinger and Mr. Falcone are being probed by the SEC on three fronts. About a year ago, Harbinger disclosed that it was under investigation by the SEC for possible market manipulation. It wasn't previously reported that the allegation involves a company called MAAX Holdings Inc., now called MAAX Corp., a Canadian maker of bathroom fixtures, according to people familiar with the matter. The SEC also has been looking at whether Harbinger misled investors by failing to disclose in a timely fashion a $113 million loan to Mr. Falcone from the fund's investors in 2009. Mr. Falcone has now repaid the loan money, which he used to help pay his personal taxes. The third issue the SEC is investigating is whether Harbinger agreed to allow some investors, including Goldman Sachs Group Inc., GS +3.71% to cash out of their holdings while barring other clients from withdrawing their money, or favored Goldman or other investors with information other clients didn't get during a 2009 restructuring of the firm. [WSJ, earlier]
