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Harbinger Investigated by SEC, U.S. Attorney Over Falcone Loan

Harbinger Capital Partners is being investigated by the Securities and Exchange Commission and the U.S. Attorney’s office over a $113 million loan to founder Philip Falcone and possible preferential treatment of some investors, according to two people with knowledge of the probe.

Falcone, 48, took the loan from the Harbinger Capital Partners Special Situations Fund in October 2009 to pay personal taxes, Bloomberg Markets Magazine reported in September. At the time, investors were barred from exiting the fund because it had assets tied up in the bankruptcy of Lehman Brothers Holdings Inc. The New York-based firm disclosed the loan in the fund’s March 12, 2010, financial statements.