Court filing says former directors pillaged it
LES BLUMENTHAL; The News Tribune
Last updated: August 27th, 2007 01:23 AM (PDT)
WASHINGTON, D.C. – The heads of one of Mexico's wealthiest families and
other former executives of Asarco "systematically liquidated" its most
valuable assets, leaving the mining and smelting company in bankruptcy
and facing billions of dollars in environmental and asbestos-related
claims, according to a new court filing.
The complaint, filed by a group of Asarco's creditors, seeks at least 
$100 million in damages from German Larrea Mota-Velasco and his brother, 
Genaro Larrea Mota-Velasco, along with seven other former directors and 
officers of Asarco. At the same time they were running Asarco, the 
Larreas and others held similar positions with Asarco's parent company, 
Grupo Mexico, S.A. de C.V.
"Almost from the beginning, the actions by the directors and officers 
demonstrated that their loyalties were to Grupo Mexico … resulting in 
devastating financial loses to Asarco," according to the complaint.
Officials at Grupo Mexico did not return phone calls or an e-mail 
seeking comment.
Among the allegations are that the nine named in the complaint 
engineered the 2002 sale of Asarco's majority interest in two highly 
coveted Peruvian copper mines to another of Grupo Mexico's subsidiaries 
in a "sweetheart deal" worth about $765 million. By some estimates, the 
mines then were worth more than $1 billion. Today, as the price of 
copper has soared, they could be worth $7 billion to $8 billion.
Washington state, which has filed $600 million worth of environmental 
claims against Asarco, did not join in the complaint. But the state 
could benefit if the mines were returned to Asarco and the company had 
more cash to pay off claims.
"This case keeps getting layers added to layers," said Elliott Furst, a 
senior counsel in the Washington Attorney General's Ecology Division. He 
said the state was too focused on proving its environmental claims to 
join in the case against Grupo Mexico and Asarco's former directors and 
officers.
For more than 100 years, Asarco operated a copper smelter on the border 
of Tacoma and Ruston. The state claims arsenic, lead and other toxic 
substances emitted from the smelter contaminated more than 1,000 square 
miles in Pierce, Thurston and King counties.
The smelter, closed in 1985, has been demolished, the site mostly 
cleaned and sold to a developer. The state, however, insists that water, 
air and soil were contaminated in the tri-county area. It will have to 
defend its claim in late September in the Texas bankruptcy court hearing 
the case.
Washington state's claim is the second-largest filed. Overall, nearly 
$11 billion worth of environmental claims have been filed by 16 states, 
two Indian tribes, the federal government and private parties. If Asarco 
is unable to pay for the environmental cleanups at more than 75 sites 
nationwide, federal and state taxpayers might have to foot the bill.
In addition, 95,000 asbestos-related claims have been filed against 
Asarco, up to $2.7 billion.
Grupo Mexico, which bought Asarco in 1999, is the third-largest copper 
producer in the world. The Larrea family is considered part of Mexico's 
"fantasticos," the 100 or so superrich families in that country who are 
socially, politically and economically connected.
Though he wasn't named directly, the complaint suggests that another of 
Mexico's superrich, Carlos Slim, might have benefited from the sale of 
the Peruvian mines.
Slim, who made much of his fortune in the telecom industry, might have 
recently surpassed Microsoft founder Bill Gates as the richest man in 
the world.
The complaint quotes Genaro Larrea as saying Slim, a "close associate" 
of Grupo Mexico's principals, and his Mexican bank had bought $100 
million of Asarco bonds at a deep discount. As part of the proceeds from 
the mine sale, those bonds were paid off at face value, according to the 
complaint.
Suing the directors and officers of a company that has sought bankruptcy 
protection is not unusual.
"It is not uncommon to bring an action against officers and directors of 
a bankrupt company for breaching their fiduciary responsibilities," said 
Leif Clark, a University of Texas law professor and a federal bankruptcy 
judge. But in the Asarco case, Clark said, it might become complicated 
because those named in the complaint are residents of Mexico.
According to the complaint, the former Asarco officials not only 
stripped the company of its interest in the Peruvian mines, but also 
neglected Asarco's core mining business, sold lands with confirmed 
copper reserves at raw land prices and cashed in insurance policies that 
covered potential environmental and asbestos-related liabilities to fund 
ongoing operations.
The nine directors and company officials resigned after the Peruvian 
mines were sold to Americas Mining Corp., a Grupo subsidiary.
Asarco is now being run by directors approved by the bankruptcy judge.
The complaint was filed in the bankruptcy court earlier this month. The 
case is scheduled for trial next spring.
Even as the legal battles unfold, Furst said some banks and other 
financial institutions have approached Washington state and other 
claimants in the bankruptcy about buying their claims at a discount.
The banks, believing the demand for copper worldwide will continue to 
grow, hope the claims they buy at a discount might eventually be worth 
more or, as Asarco emerges from bankruptcy, they could receive stock in 
the company.
"There is a lot of speculation Asarco could be worth more than people 
think," Furst said. As for Washington state selling its claims, Furst 
said that "it might make sense to do it at some point."
Les Blumenthal: lblumenthal@mcclatchydc.com
Originally published: August 27th, 2007 01:23 AM (PDT)
1950 South State Street, Tacoma, Washington 98405 253-597-8742
© Copyright 2007 Tacoma News, Inc. A subsidiary of The McClatchy Company
 
No comments:
Post a Comment