
By John Helmer in Moscow
A fresh bid has been launched in the United States to prevent De Beers from liquidating its Russian affiliate, Archangel Diamond Corporation (ADC), and calling off legal proceedings in Denver, Colorado, and in Stockholm to recover ADC’s mining right from two Russian companies charged with fraudulently expropriating it.
Also exposed to the scrutiny of the US court for the first time is the text of a proposal by De Beers to compel the ADC board of directors to block shareholder vote and approval on terms for paying ADC’s debts and restructuring the company; to accept the elimination, without compensation, of ADC’s minority shareholders; and to make ADC appear to be responsible for halting the litigation.
Documents filed in the US Bankruptcy Court in Denver on June 26 identify James Passin, Bruce Marks, and Clive Hartz. Passin represents the Cayman Island-registered Firebird Global Master Fund, which says it is owed €76,547 ($107,709) for a business loan to ADC. After De Beers, whose Luxemburg subsidiary Cencan holds 59% of ADC’s shares, Firebird is the next largest shareholder of ADC with about 18%. In the filing, Marks, whose lawfirm Marks & Sokolov is based in Philadelphia and Moscow, has been ADC’s lead attorney in the US litigation, and is owed $135,000. Hartz, a property developer in Western Australia, claims that ADC owes him $50,000 in unpaid director’s fees. Hartz is a small shareholder in ADC, and has served for many years as an independent on the ADC board, which is dominated by De Beers’s placemen. None of the three would respond to requests for comment on the record.
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