The Deal: Ergen Defends LightSquared Debt Purchases
NEW YORK ( The Deal ) -- Charlie Ergen testified about his much-maligned purchases of LightSquared debt at a Monday court hearing in New York.
LightSquared and Philip Falcone's Harbinger Capital Partners have charged that Ergen acted as a front for Dish Network
Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York in Manhattan is hearing a suit that the telecom and hedge fund chief brought against Ergen and Dish.
The expanded hearing included arguments about competing plans to reorganize LightSquared, which have become more complicated since Dish has said it will back out of a $2.22 billion offer for some of the company's assets.
Ergen made the investments through personal investment vehicles, working with Dish treasurer Jason Kiser to make the purchases. Kiser's role has drawn scrutiny because he works at Dish and received no compensation for the work he did for Ergen. Dish made a bid for LightSquared - though it has given notice that it intends to exit its agreement.
Ergen suggested that Kiser liked having face time with Dish's chairman and controlling investor. He described Kiser as a "mentee." The two have known each other for more than 25 years, golfed together and had vacationed together with their families in Cabo San Lucas, Mexico.
Andrew Leblanc of debtor counsel Milbank, Tweed, Hadley & McCloy noted that Ergen stood to make about $150 million in principal and more in interest from the secured debt.
"You didn't pay Mr. Kiser to do those trades?" he asked Ergen under cross-examination. Ergen confirmed that he did not.
LightSquared also questioned whether Ergen had discussed the investments with his wife, Candy Ergen, who sits on the Dish board and is a co-trustee of the personal trust used to purchase the debt.
"You spent over $800 million of your money on LightSquared debt and you never asked your wife?" Leblanc asked.
Ergen replied: "Actually, I spent about $700 million ... and I never discussed it with my wife prior to May 2" when Dish had a board meeting.
Ergen contested the suggestion that Dish's board rubber stamps his proposals. He pointed to a $25.5 billion offer for Sprint Nextel
When he began to purchase LightSquared debt, Ergen said, the debtor's spectrum was not attractive to Dish. Recent regulatory decisions have since given Dish more flexibility about deploying its own spectrum in a manner that would allow it to use LightSquared's spectrum.
If Dish had not agreed to bid for LightSquared's assets, Ergen said he had discussed a joint bid with Blackstone Group's GSO Capital Partners .