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Gold Reserve ( GDRZF ) accuses advisors of conflict of interest
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Court officer switched auction winner recommendation to
Elliott's Amber Energy
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Venezuela's lawyers also seek disqualification of court
officer,
advisors
By Marianna Parraga
HOUSTON, Oct 20 (Reuters) - Toronto-listed miner Gold
Reserve ( GDRZF ) on Monday accused firms advising a U.S. court on
the auction of Citgo Petroleum's parent of receiving some $170
million in fees from a bidder that was recommended as the winner
of the process and parties that would obtain proceeds as a
result.
The accusations are the latest twist in an auction that has
dragged on for nearly two years and could threaten to slow it
further.
The Delaware court on Monday began discussing the fees in a
hearing following Gold Reserve's ( GDRZF ) motions earlier this month to
disqualify a court officer and the judge overseeing the auction
in addition to advising firms Weil, Gotshal & Manges, and
Evercore ( EVR ) over the alleged conflict of interest.
"Normal folks would reasonably question the impartiality of
advisors who have received $170 million in fees from the very
party whose bids they are evaluating in an auction process,"
Michael Bowe, counsel for Gold Reserve ( GDRZF ), told the court.
Court officer Robert Pincus in August switched his
recommendation for the auction's winner to Elliott Investment
Management's Amber Energy from Gold Reserve ( GDRZF ) subsidiary Dalinar
Energy, prompting objections from rival bidders and creditors.
Gold Reserve ( GDRZF ) is now arguing that Weil represented Elliott
while the Citgo sale was ongoing, and that the two advising
firms had relationships with some holders of Venezuelan bonds
standing to receive auction proceeds under Amber's proposal.
Weil, Gotshal & Manges, Evercore ( EVR ) and Elliott did not
immediately reply to requests for comment.
The auction of Venezuela-owned PDV Holding, parent of
Houston-based refiner Citgo Petroleum, aims to compensate up to
15 creditors for past debt defaults and expropriations in
Venezuela. A final winner has not yet been selected by the
court.
Lawyers representing Venezuela also filed a motion this
month to disqualify Pincus and the two advising firms. Gold
Reserve ( GDRZF ) is requesting a temporary stay of all decisions
concerning any bids submitted pending resolution of the
disqualification motions.