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US judge narrows investor claim against Rio Tinto over Mongolian mine

A U.S. judge on Thursday dismissed some claims in a claim accusing Rio Tinto and its previous CEO JeanSebastien Jacques of defrauding investors by hiding problems developing the $5.3 billion Oyu Tolgoi copper and cash cow in Mongolia.

U.S. District Judge Lewis Liman in Manhattan addressed recently included claims that Rio Tinto intentionally concealed how it would miss out on a due date for draw bell blasting, a key milestone, while Jacques hid delays and associated expense overruns.

In a 40-page decision, Liman dismissed the claim against Rio Tinto due to the fact that it was Blue-green Hill Resources, which owned 66%. of the mine with Mongolia owning the rest, that said the draw. bell schedule was on track.

Liman stated Rio Tinto was not responsible for that statement even. though an affiliate of the Anglo-Australian mining giant was. Blue-green Hill's majority owner.

The judge also dismissed claims that Jacques planned to. defraud shareholders in declarations about the mine start in. October 2018, since those declarations suggested he thought Rio. Tinto's schedule announced that month was accurate.

Claims against Jacques based upon earlier statements made it through,. since shareholders adequately alleged that he knew delays. existed when the class duration started, Liman stated.

Led by funds advised by Pentwater Capital Management, the. suit seeks damages on behalf of investors of. Montreal-based Turquoise from July 17, 2018 to July 31, 2019.

Pentwater's lawyers did not right away react to demands. for comment. Attorneys for Rio Tinto and Jacques did not. right away respond to similar demands.

Jacques led Rio Tinto for four years before stepping down in. March 2021, following pressure from investors seeking. accountability for the company's destruction of two culturally. significant Aboriginal rock shelters in May 2020.

Rio Tinto did not break any laws when working around the. Juukan Canyon sites in Western Australia. The sites revealed. evidence of human habitation going back 46,000 years.

The case is In re Turquoise Hill Resources Ltd Securities. Lawsuits, U.S. District Court, Southern District of New York,. No. 20-08585.

(source: Reuters)