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Dec 12, 2011

General counsel maybe sued by SEC

Harbinger Capital Partners, a private hedge fund, has been notified of possible civil fraud charges by the SEC for a series of corporate misdeeds, according to news sources.

Billionaire hedge fund leader Phillip Falcone, Omar Asali, president, and Robin Roger, general counsel, all received Wells Notices from the staff of the federal watchdog.

The Wall Street Journal is reporting that the agency is investigating whether Harbinger allowed certain clients to trade more freely than others, including Goldman Sachs who was told by the hedge fund that it could redeem up to $50 million from its funds while other clients were prohibited from withdrawing.

Roger, who has been a general counsel for over 10 years, joined the New York-based firm in 2009. Before that, she was general counsel at Duff Capital, another hedge fund group, Jane Street Capital, a proprietary trading firm, and Moore Capital Management.

Roger worked at Morgan Stanley from 1989 to 2006. During her stint at the global financial services firm, she headed the equity sales and trading legal practice group and served as general counsel of the institutional securities division while carrying out other corporate level roles.

The commission’s notice includes ‘violations of the federal securities laws’ anti-fraud provisions in connection with matters previously disclosed and an additional matter regarding the circumstances and disclosure related to agreements with certain fund investors,’ the hedge-fund said in a recent filing.

Aarti Maharaj

Aarti is deputy editor at Corporate Secretary magazine