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Gold Reserve disqualifies judge and advisers at Citgo parent auction

Gold Reserve, a Toronto-listed company, said that it filed motions on Friday to disqualify the court officer overseeing the auction of shares of Citgo Petroleum's parent company in Venezuela as well as the two advisory firms for the Delaware court.

The miner is trying to stop the court from declaring the $5.9billion bid of rival Amber Energy, a hedge fund affiliate, Elliott Investment Management as the winner of the auction, since its own $7.9billion bid was not recommended by the court in August.

Gold Reserve is among 15 creditors who are lining up for the cash proceeds of an auction of shares of PDV Holding (a unit of Venezuelan oil company PDVSA) as compensation for Venezuelan debt defaults and expropriations.

GOLD RESERVE ALLEGES CONFLICTS of INTEREST

Gold Reserve also asked for a temporary stay on all decisions regarding any bids made in the process of sale pending resolution of their disqualification motion.

In a press release, Gold Reserve said that it wanted to provide full transparency for its investors on these matters.

The company wants to disqualify Leonard Stark (the Delaware judge who is overseeing the case) and Robert Pincus (the court officer), for switching his recommendation that Elliott's Amber be the winner of the auction from Gold Reserve.

Stark could not be reached for a comment immediately. Pincus's counsel did not respond immediately to a comment request.

In September, lawyers representing Venezuela requested the suspension of a major sale hearing because of an alleged conflict involving Weil, Gotshal & Manges, a consulting firm. Stark, however, denied the motion.

Gold Reserve has now requested that Weil be disqualified for an allegation that it was representing Elliott during the Citgo sale.

Elliott also stated that Weil and Evercore - which are helping the court to evaluate the bids - have relationships with bondholders who could receive auction proceeds if Elliott's bid is accepted.

Weil and Evercore didn't immediately respond to comments.

On Thursday, the Venezuelan parties filed motions under seal to disqualify Pincus Weil and Evercore.

Judge Stark set the court date for 21st October to hear from the parties about the conflicts that have arisen since Pincus changed his recommendation. After that, he is expected to make a final decision on the winner.

(source: Reuters)