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Gold Reserve: Citgo auction is threatened by fees of $170 million

Gold Reserve, a Toronto-listed company, accused the firms that advised a U.S. Court on the auction for Citgo Petroleum parent's parent that they received $170 million from parties who would receive proceeds and a bidder recommended as the winning party. These accusations are just the latest twist to an auction which has been dragging on for almost two years. They could also threaten to slow down further. The Delaware court began to discuss the fees on Monday following Gold Reserve's Motions earlier this month. Gold Reserve wanted to disqualify a judge and court officer overseeing the auction, as well as advising firms Weil Gotshal & Manges and Evercore for the alleged conflicts of interest.

Michael Bowe's counsel, Gold Reserve, said that "normal people would question the impartiality" of advisors, who had received $170,000,000 in fees from Gold Reserve, the party whose bids were being evaluated in the auction process.

Robert Pincus, a court officer, changed his recommendation in August for the winner of the auction to Elliott Investment Management’s Amber Energy. Gold Reserve subsidiary Dalinar Energy was no longer recommended. This prompted objections from other bidders and creditors.

Gold Reserve now claims that Weil was representing Elliott during the Citgo sale, and that both advising firms were in contact with holders of Venezuelan debt who would be eligible to receive auction proceeds if Amber's proposal went through.

Weil Gotshal & Manges (WGM), Evercore, and Elliott have not responded to our requests for comment.

The auction of Venezuelan-owned PDV Holdings, parent company of Houston-based refiner Citgo Petroleum aims to compensate 15 or more creditors for debt defaults in Venezuela and expropriations. The court has yet to select a final winner.

This month, lawyers representing Venezuela filed a motion to disqualify Pincus as well as the two advisory firms. Gold Reserve has requested a temporary halt to all bids pending the resolution of disqualification motions.

(source: Reuters)