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Rio Tinto settles Mongolian mine dispute for $138.75 Million

Rio Tinto settles Mongolian mine dispute for $138.75 Million

Rio Tinto has agreed to pay $138.75m to settle a lawsuit in which investors accused the Anglo Australian mining giant of fraud by hiding problems with the $7 billion underground expansion at the Oyu Tolgoi Copper and Gold Mine in Mongolia.

The preliminary settlement for the proposed class-action was filed with the U.S. District Court of Manhattan late on Wednesday, and it requires the judge's approval.

The lawsuit was filed on behalf of Montreal-based Turquoise Hill Resources shareholders between July 2018 and the end of July 2019 when Rio Tinto owned the majority of that company.

Investors led by Chicago-based Pentwater Capital Management.

The settlement resolved all claims against Jean-Sebastien Jacques who was the former Rio Tinto CEO and stepped down from his position in March 2021.

Court documents show that all defendants admitted wrongdoing but settled in order to avoid the uncertainty, cost and burden of litigation.

Rio Tinto and Pentwater have declined to comment.

Turquoise Hill was a single asset company that owned 66% of Oyu Tolgoi, while the Mongolian government held 34%.

Pentwater alleged that Rio Tinto, Turquoise Hill and others fraudulently assured the Oyu Tolgoi Mine was "on schedule" and "on Budget", even though it fell up to two-and-a half years behind schedule and ran $1.9 billion above budget.

Rio Tinto acquired the remaining 49% of Turquoise Hills in 2022 for $3.3 billion. This allowed the company to fully integrate the mine into its portfolio.

The lawsuit was partly based on allegations made by Richard Bowley who worked in the mine. He claimed that Rio Tinto knew of problems with the expansion long before they publicly announced them.

Rio announced that it could incur an additional $1.9 billion in capital expenditures for 2019 and estimated total capital expenditures between $6.5 billion and $7.2 billion.

Court documents show that lawyers for the shareholders intend to ask for legal fees up to 13% (or about $18,000,000 excluding interest) of the settlement, plus expenses up to $2.6,000,000.

In re Turquoise Hills Resources Ltd Securities Litigation U.S. District Court Southern District of New York No. 20-08585.

(source: Reuters)