He very well may if he is also awarded treble damages. He could utterly kill ABX investors. On the plus side, he could do away with a company that has been rottten to the core for decades, and in the process create a gold shortage therefore greatly helping the entire rest of the gold market.
And now the ex Chile government is facing the courts for permitting Barrick illegally. Did Barrick buy off the Chile government regardless of law and he fact Barrick never owned Tesoro titles and AMARILLO 1-3000 is non mattalic salt and nitrate titles not allowed for mining gold and silver?
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.
Lopehandia was demonized by Barrick, now he has titles registered in his name Barrick say they own. I think the criminal charges and investigations against Barrick and the Pascua Lama protocol in Chile says Lopehandia is not stopping his attack on Barricks title fraud.
I look forward to how ABX deals with one of their Pascua Lama executives being before the criminal courts tomorrow, will se be saved to live another day and Barrick delays the inevitable end of Pascua?
Question is, why isn't Barrick reporting this material fact, without the Pascua Lama Protocol Barrick has no Pascua Lama project. With fraudulent titles in Chile, Barrick has securities fraud at the SEC and OSC.
February 6, 2013
BARRICK'S (ABX) CHILEAN SUBSIDIARIES LEGAL REPRESENTATIVE AND EXECUTIVE CRIMINALLY CHARGED
Mountainstar Gold Inc. (the Company), issues this update with regard to its joint venture
with Mr. Jorge Lopehandia in Chile. The following is information received from the
Company's Chilean lawyer, Mr. Juan Guillermo Torres Fuentealba.
Mr. Torres has confirmed that the Judicial Court of Chile, has received, accepted, and
processed criminal charges against Ms. Laura Phyllis Maria Emery, a Canadian lawyer,
legal representative, and executive of Barrick Gold Corporation's (ABX) subsidiaries,
Minera Nevada SpA and Minera Nevada Ltd.The criminal charges originate from her
false testimony on December 14, 2012, stating Minera Nevada SpA's ownership of the
Ms. Emery has been criminally charged in compliance under the Chilean Penal Code,
sections 111-112-113. Judge Freddy Antonio Cubillos Jofre, of the 7th Court of
Guarantee of Santiago (Penal Process Court) accepted the charges from jurist Mr. Juan
Guillermo Torres, on Mr. Jorge Lopehandia's behalf, and these charges have been served
to Ms. Emery.
Ms. Emery is also charged criminally for falsification of the Pascua Lama Protocol, and
malicious use of the same, in a separate action before the court Fiscalia Centro Norte de
April 10, 2013
BARRICK'S (ABX) LAWYER CAUGHT IN LIE BY CHILEAN JUDGE
Mountainstar Gold Inc. (MSX) (the Company) updates shareholders and the investing public of the following developments in Chile. Mr. Juan Guillermo Torres Fuentealba, the Company's Chilean lawyer, informs of recent proceedings in the courts as follows.
On April 5, 2013 in the 17th Civil Court of Santiago, Chile, case number E-304-2012, titled Minera Nevada SpA, the following resolution was established on the criminal charges against Barrick Gold Corporation's (Minera Nevada SpA) Canadian / Chilean lawyer Laura Phyllis Maria Emery.
Emery had stated under oath that the company she represented, Minera Nevada SpA Barrick/ABX), owned the Tesoros concessions, not the mining engineer Hector Undo Llanos, when she was deposed at the Fiscalia Centro Norte, Santiago, criminal court in early 2013. Minera Nevada SpA had testified under oath, in Vallenar in 2012, that it had never owned the Tesosos concessions.
Emery was caught in this lie by Madam Justice Isabel Reyes Kokisch. Justice Kokisch knows the entire history of this case, as she was the Chilean Supreme Court Justice that Barrick tried to have disbarred for her Supreme Court ruling in favor of Mr. Jorge Lopehandia in 2006, regarding ownership of Mina Pascua, Chile.
It is time for Barrick Gold Corporation to advise the investing public of these criminal proceedings. They have falsified their OSC/ SEC filings with regard to the ownership of the Tesoros concessions. Barrick Gold Corporation (Minera Nevada SpA) does not and never have owned the Tesoros concessions. The titled owner of the Tesoros concessions is Mr Jorge Lopehandia, in partnership with Mountainstar Gold Inc. (MSX).
BARRICK'S TOP SOUTH AMERICAN EXECUTIVE POINTS HIS FINGER AT ABX CANADA EXECUTIVES FOR THE FALSIFICATION OF THE PASCUA LAMA PROTOCOL
Mountainstar Gold Inc. (the Company) announces the following with regard to its joint venture with Mr. Jorge Lopehandia in Chile. The following was reported by El Ciudadano, in Chile, on December 6, 2012 from information given by the Company's jurist, Mr. Juan Guillermo Torres.
The Company's lawyer, Juan Guillermo Torres, in Chile, filed for an international warrant via the Fiscalia Central Norte of Santiago, to be presented to corporate management of Barrick Gold Corporation (ABX ), accused in Chile of falsification of the Pascua Lama Protocol, subscribed between the nations of Chile and Argentina, extending to the misuse of the Pascua Lama Protocol in Canada and worldwide financial markets.
"The Canadian mining giant Barrick, is involved in a fictional project, to include mining claims over which they have no title, referring to specific Tesoros concessions," expressed Torres.
"Mining properties," stated Torres, "were registered in the name of Don Hector Unda Llanos and therefore belonged neither to Barrick Gold Corporation, Minera Nevada SpA, or any of the subsidiaries of the company in our country. Similarly, the inclusion in the Pascua Lama Protocol means a flagrant violation of the judgment given in the case Docket No. C-1912-2001 by the 14th Civil Court of Santiago, which granted an injunction from June 2001 to date, prohibiting the celebration of acts and contracts regarding these same territories protecting Mina Pascua areas of Chile, namely
TESOROS UNO 1 al 30 through to TESOROS DOCE 1 al 5, superposed over titles duly registered in 1996 as "Amarillos Sur" and "Amarillos Norte" by Chilean-Canadian Mr. Jorge Lopehandia Cortes."
According to legal documents filed with Fiscalia Centro Norte, it was requested that specific managers and directors of Barrick testify regarding the crime of "falsification of public deed and / or malicious use of the International Protocol Pascua Lama." This treaty was approved by Ricardo Lagos Escobar and authorized by Soledad Alvear, serving President of Chile and Foreign Affairs Minister at the time, respectively. Included in the list of executives, called to appear before the Chilean courts, are Peter Munk, Chairman and founder of Barrick Gold, William D. Birchall, Vice President of the company, and Venezuelan magnate and company director Gustavo Cisneros, among others. The international rogatory letter request is founded based on the statements of Manuel Fumagalli Drago, Peruvian lawyer, Regional Legal Director for South America Chile Barrick Mining Company Limited (Barrick Chile Limitada), which in turn is the regional base for South America for Barrick Gold Corporation. "Manuel Fumagalli Drago indicated and finger pointed to the Toronto executives of Barrick Gold Corporation, to be the principles responsible for the decision making process between
Canada and Chile regarding the Mina Pascua Chile project (a.k.a. Pascua Lama--Chile and Argentina areas)," specified Torres. Fumagalli stated "such decisions are taken by Kevin Dushnisky, Executive Vice President of Corporate Affairs for Barrick Gold, ( who handles global government
relations, permits and approvals, investor relations and communications), so that those involved in counterfeiting and malicious use of the Pascua Lama Protocol, are now implicated as directors and executives and or residents of Canada." "These measures are actions designed to bring to justice the directors of one of the largest gold companies in the world. The case should be expedited by the Chilean Public Ministry, the Supreme Court and the Ministry of Foreign Affairs, as well as the courts in Toronto, Canada, Barrick's corporate headquarters," said Torres. To learn the complete details of this international warrant application, we invite you to download the legal document attached below:
BARRICK (ABX), DOES NOT OWN CONCESSIONS AT MINA PASCUA, CHILE. TITLES HAVE BEEN ISSUED TO MR. JORGE LOPEHANDIA.
Mountainstar Gold Inc. (the Company), issues the following update to its shareholders to provide a historical summary and clarify title ownership (1996 -2013), of Mina Pascua, Chile.
As of February 1, 2013, the Company's lawyer, Mr. Alan G.S. Hultman, received clean titles to the Mina Pascua, Chile, mining concessions. The Mina Pascua titles were issued by the Mines Registrar of Vallenar, signed and sealed by Vallenar's Mines Commissioner (Conservador de Minas) Mr. Pablo Cortes Olquin, for Mr. Ricardo Olivares Pizarro on January 16, 2013. The Conservador de Minas Vallenar, is the sole person in Chile, at this date, with full legal jurisdiction over the Mina Pascua concessions, their title, and confirmation of certified domain.
These titles were authenticated by the Ministry of Justice, and the Ministry of Foreign Affairs of Chile. They have been validated by the Canadian Embassy in Santiago, Chile.
The Conservador de Minas, Vallenar, issued title with clean Certificado de Dominio Vigente (Current Certified Dominion), over the following Mina Pascua Project areas in Chile:
1. Tesoros Uno 1 al 30 through to Tesoros Doce 1 al 5-- Mr. Jorge Lopehandia is legal title holder as of 2013. Barrick Gold Corporation (ABX), or its Chilean subsidiaries, have never had title for these concessions. False statements from executives of Barrick's Chilean subsidiaries, concerning these titles, have led to criminal charges being applied, accepted and enforced in Chile. Lawyers representing Barrick's Chilean subsidiaries, at Vallenar's 2nd Civil Court in 2012, admitted to not owning Tesoros titles or domain. This falsification of the Pascua Lama Protocol has initiated further criminal charges.
2. Amarillos Norte (5200 hectares) and Amarillos Sur (3400 hectares)--owned since 1996 by Mr. Jorge Rodrigo Lopehandia Cortes through his mining agent Mr Villar. These Amarillos titles were in existence before the Tesoros concessions of 1997. The Tesoros titles were constituted after Minera Nevada SpA swindled Mr. Lopehandia and Mr. Villar of their existing claims. The Amarillos titles have had an injunction in place by the Supreme Court of Chile, as of June 5, 2001, showing Mr. Jorge Lopehandia Cortes as the registered title holder through to this date.
Mr. Lopehandia was sued by Barrick Gold Corp. regarding ownership of the Amarillos concessions in Ontario, Canada 2002. Barrick won this libel case against Mr. Lopehandia with false title claims and letters of opinion. Minera Nevada SpA then used this information to attack Mr. Lopehandia in court proceedings in Vallenar in 2012, at the 2nd Civil Court, in an effort to discredit Mr. Lopehandia. This court proceeding took place to strike out the Amarillos 1-3000 titles (the salts and nitrates claims owned by Minera Nevada SpA) from the Chilean Mines Registrar.
At this proceeding Mr. Lopehandia was able to show his Amarillos Sur and Norte titles. The judge then requested Barrick Gold Corporation (ABX), and its Chilean subsidiaries to produce the same. Barrick failed to produce the Amarillos Sur or Norte titles in its or its Chilean subsidiaries' names.
Amarillos Sur and Norte were validated by judicial judgment by the Supreme Court of Chile. This judgment ordered that both sectors be reconstituted at the original 1996 UTM coordinates. These claims override the ABX / Lac Minerals 1994-2013 Amarillos 1-3000 concessions (for salts and nitrates only).
With the injunction C-1912-2013 in Mr. Jorge Lopehandia's name, the Amarillos Sur and Norte concessions engulf and override the Tesoros claims of Hector Unda Llanos, which have now also been legally titled in Mr. Jorge Lopehandia's name 2001-2013.
The Tesoros concessions are inside the area of Amarillos Sur, and are considered to be the areas of greatest geological interest to Mina Pascua, Chile.
The continuation of the assertion of Barrick Gold Corporation's ownership of the Tesoros claims with the SEC and OSC, is misleading to the NYSE and TSX stock exchanges, and the investing public. Barrick's filings with the SEC and OSC are fraudulent, and libel Mountainstar Gold Inc. and Mr. Jorge Rodrigo Lopehandia Cortes.
Voodoo, I see MSX issued a press release stating that they are "assessing another property in South America." I know that the IHubbers are going nuts trying to figure it out. The speculations are quite hilarious.
What are the chances, do you think, that the "property" is the inactive iron mine that Raul Lopehandia, Jl's father, owns?