https://www.miningweekly.com
Business|Coal|Mining|PROJECT|transport
Business|Coal|Mining|PROJECT|transport
business|coal|mining|project|transport

Rio Tinto must face SEC suit over Mozambique coal assets

Rio Tinto former CEO Tom Albanese

Rio Tinto former CEO Tom Albanese

Photo by Creamer Media

19th March 2019

By: Bloomberg

  

Font size: - +

MANHATTAN – Rio Tinto Group must face a US Securities and Exchange Commission (SEC) lawsuit over the company’s valuation of coal assets in Mozambique, a federal judge ruled.

US authorities in October 2017 filed fraud charges against London-based Rio Tinto, former CEO Tom Albanese and former CFO Guy Elliott, claiming they inflated the value of assets acquired in 2011 for $3.7-billion. The assets were sold for $50-million in 2014, a year after more than $3-billion in writedowns on the properties led to Albanase’s departure.

US District Judge Analisa Torres on Monday narrowed some of the suit’s claims but denied Rio Tinto’s request to dismiss the case, saying the SEC had adequately claimed that statements about asset valuation -- made after Albanese and Elliott learned of “severe adverse developments” -- didn’t square with the information the company had at the time.

“The SEC has plausibly alleged that Rio Tinto was not just facing risks and challenges, but that it was apparent, at least to the individual defendants, that Rio Tinto had no realistic options to transport large amounts of coal,” a problem that would render the business worthless, Torres said.

Rio Tinto, the world’s second-biggest mining company, said it was pleased by the judge’s decision because the ruling eliminated several of the SEC’s charges and “significantly narrows” the case.

“The remaining charges are wholly unwarranted and Rio Tinto intends to vigorously defend itself and is confident the remaining SEC allegations will be rejected once all the facts are considered in court,” the company said in a statement.

Attorneys for the former executives in the case didn’t respond to requests for comment. Albanese has said “there is no truth in any of these charges.” Elliott, who retired in early 2013, has also denied the allegations.

The company’s acquisition of Riversdale Mining, which owned the Mozambique assets, came as Rio Tinto sought access to coking coal in the Moatize basin while the African nation was seeking to become a major supplier of the steelmaking raw material. But then the government refused to allow the company to transport coal via barge down the Zambezi river, forcing it to rely on railroads that had much lower capacity, and the plans unraveled.

The SEC alleges that Rio hid the project’s setbacks and publicly misled investors about its Mozambique coal project, which executives had told Albanese and Elliot by mid-2012 was worth negative $680-million. The SEC is seeking the return of unspecified “ill-gotten gains” as well as civil penalties, and to bar Albanese and Elliott from holding director positions.

Edited by Bloomberg

Comments

Showroom

SABAT
SABAT

From batteries for boats and jet skis, to batteries for cars and quad bikes, SABAT Batteries has positioned itself as the lifestyle battery of...

VISIT SHOWROOM 
Condra Cranes
Condra Cranes

ISO-certified Condra manufactures overhead cranes, portal cranes, cantilever cranes and crane components: hoists, drives, end-carriages, brakes and...

VISIT SHOWROOM 

Latest Multimedia

sponsored by

Magazine round up | 19 April 2024
Magazine round up | 19 April 2024
19th April 2024
Resources Watch
Resources Watch
17th April 2024

Option 1 (equivalent of R125 a month):

Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format

Option 2 (equivalent of R375 a month):

All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.

Already a subscriber?

Forgotten your password?

MAGAZINE & ONLINE

SUBSCRIBE

RESEARCH CHANNEL AFRICA

SUBSCRIBE

CORPORATE PACKAGES

CLICK FOR A QUOTATION







sq:0.095 0.134s - 108pq - 2rq
1:
1: United States
Subscribe Now
2: United States
2: