SEC Shines the Light on Crony Capitalism
by Chriss W. StreetHarbinger Capital Partners LLC hedge fund just acknowledged its highly political founder Phillip Falcone and other key executives have received “Wells Notices”. Such communications are normally sent by the Securities & Exchange Commission to a target for fraud just before the Justice Department launches a civil and or criminal case. Although the Wells Notice appears to relate to allegations that Mr. Falcone used his hedge fund customers cash as his personal slush fund; an indictment of Mr. Falcone will also inflame the swirling crony capital investigation by the Congress of White House pay-to-play donations in support of a $14 billion scheme to siphon off part of the U.S. military and civilian Global Positioning Satellite (GPS)’s dedicated wireless bandwidth by a start-up company Mr. Falcone controls, called LightSquared.
LightSquared’s business model appeared to be the creation of an entirely new “4G” internet wireless network from the fringe safety zone bandwidth dedicated to the secure military and civilian GPS. Mr. Falcone, his wife Lisa Falcone, and LightSquared Chief Executive Officer Sanjiv Ahuja each made $30,400 political contribution to Democratic campaign organizations in 2010 to allegedly influence Federal Communications Commission (FCC) to allow the project to proceed under increasingly relaxed standards according to Congressional sources. A letter from Republican House members referred to e-mails between LightSquared representatives and White House officials about attendance at fundraisers for President Barack Obama that coincide with LightSquared contacts: “While some may call it a coincidence, we remain skeptical.”
LightSquared’s FCC operating license had originally included strict provisions intended to ensure the network would be primarily a satellite-based system, with terrestrial components serving as a backup when users were not able to link with a satellite. But these provisions were softened via several license modifications; including the FCC granting LightSquared permission to sell terrestrial-only handsets as a concession to help the company raise billions in financing.
The FCC had ordered testing and Congressional committees on science, armed services and transportation held hearings to determine if the LightSquared plans to offer wireless Internet services to 260 million people would cause harmful interference to GPS operations. In September Congressional investigators asked Jacob Lew, director the Office of Management and Budget and John Holdren, director of the Office of Science & Technology Policy for records of all contacts by LightSquared or its affiliates with staff of the agencies.







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