Encuentran a Grupo Mexico culpable de fraude al intentar adquirir una compañia minera en USA.
Judge Finds Grupo Mexico Guilty Of Fraud in Asarco MoveBy JOEL MILLMAN
September 3, 2008; Page B3A U.S. judge found that Mexican mining company Grupo Mexico SAB, the world's third biggest copper company by production, committed fraud against U.S. mining company Asarco LLC -- the latest twist in a long-running legal battle over control of the U.S. firm.
Judge Andrew Hanen in Brownsville, Texas, said the Mexican company defrauded the U.S. firm's creditors when, in 2003, it transferred Asarco's stake in its valuable Peruvian copper company to another Grupo Mexico unit shortly before Asarco declared bankruptcy.
In Saturday's decision, disclosed on Tuesday, the judge said the Mexican company acted "to structure and accomplish the...transfer, knowing that the transaction as contemplated would constitute a transfer in fraud of Asarco's creditors."
The decision marks the latest twist in a legal war between U.S. and Mexican mining interests rising from Asarco's decision to enter bankruptcy protection in 2005. For years, critics of the Asarco maneuver have argued that Grupo Mexico put its U.S. unit into Chapter 11 to avoid paying Asarco's liabilities, which amount to paying extensive environmental clean-up charges as a result of more than a century of mining and refining across the Western U.S.
A ruling from a U.S. bankruptcy court as to who will control Asarco after it emerges from bankruptcy is expected later this year. In that case, Grupo Mexico is competing against Indian metals giant Vedanta Resources PLC, which bid $2.6 billion for Asarco's assets in May.
Attorneys for Tucson-based Asarco claimed victory and the company's bankruptcy-court-appointed directors are asking for damages of $8 billion following the ruling. Grupo Mexico issued a statement highlighting the judge's ruling to deny the plaintiffs punitive damages.
Run by Mexican copper mogul Germán Larrea, Grupo Mexico stunned the mining world in 1999 when it bought Asarco for $1 billion. Grupo Mexico later forced Asarco to sell its majority stake in Southern Peru Copper Corp., the company's crown jewel, to another Grupo Mexico subsidiary. Asarco subsequently declared bankruptcy, citing an ongoing labor dispute.
Testifying in June, Mr. Larrea said it had been Grupo Mexico's intention to settle all environmental claims, and that he had hoped the bankruptcy proceedings would speed such a process by setting a fixed value on what Asarco owed.
Judge Hanen found Grupo Mexico may well have paid a fair amount for Asarco's 54.2% stake in New York Stock Exchange-listed Southern Peru Copper, when it sold the holding to another Grupo Mexico subsidiary in exchange for retiring a portion of Asarco's outstanding debt. The $765 million value Grupo Mexico placed on Asarco's stake today is worth much more, thanks to a surge in world copper prices since 2003.
Following the transaction with Asarco, Grupo Mexico recapitalized Southern Peru Copper, and raised its position in the company, renamed Southern Copper Co. After buying out minority shareholders, Mr. Larrea's company raised its stake in the Peruvian unit to 75%, now worth some $16 billion.
But the court did find Grupo Mexico hindered payment to some of Asarco's creditors. That opens the possibility that Judge Hanen could rule Asarco deserves to get its SPCC shares back. Grupo Mexico is appealing that part of the ruling.
Both sides are due back in Judge Hanen's court later this month to present arguments on how the court should establish damages, including whether Asarco's old stake in Southern Peru Copper, and $1.8 billion in dividends and interest earned by Grupo Mexico from its control of those shares, should be returned to Asarco.
Grupo Mexico's lawyers dispute that claim, arguing that Asarco should not recover more than its parent corporation already has guaranteed Asarco's creditors under a restructuring plan it presented to a bankruptcy court in Corpus Christi, Texas, last month.
With punitive damages no longer a factor, the Mexican company argues, creditors are not entitled to shares of Southern Copper that are now worth many times what Asarco sold them for in 2003. The Mexican company says creditors are entitled only to the value of what they are owed, which Grupo Mexico says it will pay -- 100 cents on the dollar -- and therefore would not be entitled to the $8 billion plaintiffs hope to collect.
"We remain committed to retaining our ownership of Asarco and believe that the certainty and superior value offered by our reorganization plan should accord us that right," the company said in a statement late Tuesday afternoon. Shares of Southern Copper fell 84 cents, or 3.3%, on Tuesday to $24.69 in 4 p.m. New York Stock Exchange trading. Grupo Mexico's shares fell almost 5% on Mexico City's Bolsa de Valores exchange.
Write to Joel Millman at joel.millman@wsj.com
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