By Joseph Checkler 

Philip Falcone's Harbinger Capital Partners is urging a Colorado judge not to throw out its lawsuit against Dish Network Corp. and Dish Chairman Charlie Ergen, saying they "fraudulently deprived Harbinger of control of LightSquared when it was needed most."

In a Monday filing with U.S. District Court in Denver, lawyers for Harbinger said Dish and Mr. Ergen followed a plan to "unlawfully strip Harbinger of its rights to control LightSquared" so they could acquire the wireless venture out of bankruptcy at a "fire-sale price."

A spokesman for Dish and Mr. Ergen declined to comment.

Harbinger in July sued both Mr. Ergen and Dish for at least $1.5 billion, saying Mr. Ergen violated the Racketeer Influenced and Corrupt Organizations Act when he acquired the debt of LightSquared--the wireless venture controlled by Harbinger--as Dish was making a bid for the company. Under RICO, originally designed to prosecute organized crime, parties can seek more damages than are typically allowed.

Harbinger said in its original suit that Mr. Ergen's purchases were part of a "scheme" to cause the hedge-fund firm to lose money and its control of the LightSquared board.

Dish sought to dismiss the suit early last month, saying Harbinger was "desperate" to find someone to blame for its $2 billion loss in LightSquared.

Last week, lawyers for Dish and Mr. Ergen asked the judge to halt discovery in the suit as the judge decides on the dismissal request.

The most recent restructuring proposal that LightSquared filed in bankruptcy court would give more than half of the company to Mr. Ergen, its largest lender. Mr. Falcone, who controls LightSquared's equity, would own none of the company under the proposal, which is subject to court approval.

As Mr. Falcone's grip on LightSquared has loosened, he has sued the entities he feels are responsible for his $2 billion or so in losses on LightSquared. Those parties include Dish, Mr. Ergen, the U.S. government and the global-positioning systems companies that have warned LightSquared's network--which Mr. Falcone hoped would someday provide low-cost mobile services to hundreds of millions of Americans--could interfere with GPS.

LightSquared filed for Chapter 11 in May 2012 after federal regulators refused to clear its plans to launch its wireless network after heeding the GPS industry's warnings. LightSquared isn't able to fully use spectrum--limited pockets of airwaves that mobile-phone and Internet companies use--that it owns without support from the Federal Communications Commission.

Write to Joseph Checkler at joseph.checkler@wsj.com

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