As some of you may recall, back in August, when Phil Falcone was on a suing people/things binge, one of the guys he decided to go after was Dish Network Chairman Charles Ergen, who Falcone's Harbinger claimed had fraudulently acquired in LightSquared. Today Ergen asked a judge to throw out the lawsuit, in part because, according to Ergen, no fraudulent activity ever occurred (which seems like a pretty good reason). But also, if Ergen could add one thing? He finds it pretty rich that a man who just recently apologized for using investor money to pay his own personal taxes would be so quick to throw stones from inside the glass house that fraud built.
In a Monday filing with U.S. Bankruptcy Court in Manhattan, lawyers for Mr. Ergen quoted from Securities and Exchange Commission press releases depicting their charges against Mr. Falcone, who agreed to a five-year ban from the securities industry as part of a settlement earlier this summer.
"It is especially ironic that Harbinger and Mr. Falcone have accused the Ergen Defendants of fraud and inequitable conduct," the lawyers said in the filing before quoting from the SEC release. Mr. Ergen said the suit should be dismissed because, among other things, there is no evidence of fraud at all. A spokesman for Harbinger declined to comment.