Attorney assures that Ricardo Lagos will have to declare for case Pascua Lama.
The attorney Juan Torres, who represents the mining investor Jorge Lopehandía, indicated that the ex-president Ricardo Lagos will have to declare before the justice immediately after an investigation(research) that it(he,she) carries out 23 º Civil Court of Santiago for a supposed irregularity in the approval of the Protocol of Pascua Lama.
" Now the evidentiary term(end) comes, where there will be mentioned the ex-authorities that approved the Protocol of Pascua Lama.
It is a legal obligation, and it should be in this year ", assured Torres, who added that in the protocol " there were included mining belongings(properties) (Tesoros ), contravening a judicial resolution of 14 Civil Court of Santiago ".
BARRICK GOLD INC. (ABX) CHILEAN SUBSIDIARY, MINERA NEVADA SPA, NAMED IN CRIMINAL LAWSUIT BY MOUNTAINSTAR GOLD INC. (MSX)
Mountainstar Gold Inc. is updating its shareholders and investors at large with the following news from its Chilean lawyer, Barbara Salinas Acuna.
Ms. Acuna reports that she has presented, on behalf of Mountainstar Gold, a criminal lawsuit against the legal representatives of Minera Nevada SpA (Barrick Gold Corp.) to the 7th Court of Guarantee of Santiago on charges of falsification of public documents and/or intentional malicious use of the same. This is in connection with the issuance of Decree 179 by the Chilean Ministry of Foreign Affairs relating to the Pascua Lama protocol between Chile and Argentina, which includes the Tesoros concessions.
The 7th Court of Guarantee of Santiago accepted the charges and declared admissible the criminal complaint (case No. 1210024016-3) for falsification and/or malicious use of a false public instrument that the attorney Ms. Acuna, along with attorney Alejandro Munoz, presented, representing Mountainstar Gold.
The lawsuit is against Derek James Riehm and Laura Phyllis Maria Emery, both legal representatives of Minera Nevada, which in turn is the Chilean company owned by Barrick Gold, now suspended for serious environmental offences at Pascua Lama.
Ms. Acuna was very satisfied with the acceptance of the charges No. 111, No. 112 and No. 113 under the Chilean penal code by Judge Freddy Antonio Cubillos Jofre of the 7th Court of Guarantee of Santiago. This first processing step welcomes the complaint and initiates the subsequent criminal investigation by the Fiscalia Centro Norte.
The complaint centres around the fact that Minera Nevada does not have title to the mineral concessions of Tesoros Uno 1-30 and Tesoros Doce 1-5. The entitled holder of these concessions is Jorge Rodrigo Lopehandia, joint venture partner with Mountainstar Gold.
The fraudulent claims by Barrick's subsidiary, Minera Nevada, with regard to the Tesoros titles become relevant to the Pascua Lama protocol having being instituted for the purposes of mining under false pretences.
This new criminal lawsuit, filed by Ms. Acuna on behalf of Mountainstar Gold, coupled with the environmental issues facing Barrick Gold, suggest that Barrick has not acted in accordance with Chilean laws.
TECHNICAL REPORT LOCATION: MINA PASCUA (PASCUA-LAMA) PROJECT, CHILE
Catalino Albanez Vergara, Ingeniero Ejecución en Minas [T.N.: This appears to mean Mining Enforcement Engineer; hereinafter I.E.M.], Expert Mine Surveyor since 1980 and Court-accredited Expert for the Appeals Court of La Serena, domiciled at “Pasaje Los Olivos 955”, La Serena, hereby states:
1.-Nevada Mining Company 1994 PASCUA-LAMA PROJECT THE AMARILLOS 1 THROUGH 3000.- This mineral deposit (PASCUA-LAMA project) is located inside of the AMARILLOS 1 THROUGH 3000 mining properties and it is in turn located within the groups of mining properties TESORO FIVE and TESORO SEVEN, where they are located as shown in the report presented to COREMA and the pertinent entities and public opinion for the purpose of obtaining the corresponding sectoral permits for the development of the mineral deposit denominated PASCUA-LAMA, which is complemented with photographs from “GEOGLE” [presumably “GOOGLE”] showing the whole yellow mountain (alteration deposit) which is also mentioned in the official Survey Record, in the chapter entitled “Acceso al HM” [Access to HM]; the same is described in later surveys of the TESORO FIVE and TESORO SEVEN groups.
CONCLUSIONS REGARDING LEGAL TITLE AUTHORITY AS AT JUNE 15, 2011. To this date there are no valid marginal annotations on these title deeds in the name of Barrick Gold Corporation-ABX of Canada, Barrick Chile or Minera Nevada Limitada, according to an original copy of same which I have before me. The original 2011 copy DOES certify by means of a marginal annotation the litigious rights of Mr. Jorge R. Lopehandia Cortes as the first-claim legal right to title.
FINAL CONCLUSION The properties LOS AMARILLOS 1 through 3000 and TESOROS should not have been included in the list of mining properties as being the property of BARRICK GOLD CORPORATION-ABX of Canada, due to the fact that these properties have not been nor are they now registered in the name of said firm at the Registrar of Mines of the City of Vallenar, in the Atacama Region, Republic of Chile, in conformity with Chilean law. Moreover, these title deeds could not have been transferred or sold or contracted in any manner whether in Chile or abroad due to the fact that a prohibition is in place, granted by a Chilean Court which prohibits the carrying out of actions or execution of contracts
It's Casino. They pumping Miners and Gold a bid in the Morning then On noon start attacking Miners and sucking money out of it.. Watch Gold it's actually closed 1363 yesterday and today 1373 which is $10 higher but most miners again lost 6-7%... I don't know they might think all of them worth ZERO? Ok, we'll see.. I cannot even short here, Trade is so crawded by now.. Every Tom #$%$ and Harry shorting Miners.. One day Barrick will open $23 and it's over then..
Barrick has major fraud problems with Pascua Lama. Barricks Chile executives are charged criminally, one a few days before the ABX crash for lying to the criminal courts over Pascua title ownership. Barrick was found to not own properties they said they owned. This from a translation from the Chile media reports:
The largest gold mining company in the world, Barrick Gold and its Chilean subsidiary, Nevada Spa Mining, could lose in the coming months the Pascua deposit worth millions after a series of frauds regarding mining property and repeated poor environmental practices. The deposit is known as the Pascua-Lama, with the name Pascua from the Chilean side, and Lama from the Argentine side.
Barrick Gold is accused of illegally extracting gold minerals along with outlawed salt and nitrate concessions. The accusations include mining gold from Chile while ignoring a provisional Supreme Court measure that prohibits mining activity and securing new contracts, conducting business in the international bank with “phony” titles, and trying to obstruct justice using false testimony, among others. The accusations have been presented by Chilean mine owner, Jorge Lopehandía, who along with Mountainstar Gold Inc, were granted legal ownership of the Pascua mine in February.
On February 1, 2013, Alan GS Hultman, the lawyer for Mountainstar Gold Inc, received the Pascua Mine Chile property titles and its mining concessions.
On January 16, the titles were issued in Vallenar, Chile by the Mines Commissioner, Paulo Cortes Olguín. This grants sole legal jurisdiction over the Pascua Mine area concessions and titles, to Lopehandía, who has been threatened and pressured by Barrick Gold to waive his own rights.
The titles were authenticated by the Ministry of Justice and the Ministry of Chilean Exterior Relations and have been validated by the Canadian Embassy in Santiago, Chile. This happened after Barrick tried to invalidate Lopehandía’s actions in Canada several times.
This is a check or almost checkmate for Barrick, because in Chile the only person authorized to grant a valid mining property certificate, or for that matter, who can validate the right [to mining property], is the Mines Commissionar, who in this case is from the the jurisdiction of the city of Vallenar.
The Mines Commissioner established in a legal document that the concessions of the Pascua Project in Chile: Tesoros Uno 1 al 30 through Tesoros Doce 1 al 5 are in Jorge Lopehandía’s name, making him the valid title-holder from 2013 onward.
Thus this advance ruling underscores that Barrick Gold Corporation (ABX), or its affiliates in Chile do not have titles nor have they ever had titles for these concessions.
Secondly, the Commissionar established through the work of Lopehandía’s mining agent, Mr. Villar, that “Amarillos North (12,850 acres) and Amarillos South (8,400 acres) have been Lopehandía’s property since 1996.
Both Lopehandía and Brent Johnson, his partner from Mountainstar Gold Inc, reiterated their confidence in the Chilean justice system, adding that “all the false declarations made by Barrick executives and their affiliates in Chile in relation to these titles, have given way to criminal chrges, and a call for jail sentences against those involved with the case.”