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To: Augie Goldspechkt who wrote (27629)12/31/1997 2:47:00 PM
From: Walter  Read Replies (1) | Respond to of 28369
 


December 31, 1997

Felderhof hit by suit

Former Bre-X official target of $3-billion action

By GLEN WHELAN -- Calgary Sun
A flood of legal action against Bre-X Minerals Ltd. has finally engulfed its
elusive chief geologist John Felderhof with the launch of a $3-billion lawsuit.

Deloitte & Touche, receiver-manager for the insolvent Calgary company,
filed the monster suit against Felderhof in a Cayman Island court earlier this
month.
Legal documents claim Felderhof was negligent and in breach of his
fiduciary duties while in charge of operations at the Busang property in
In-donesia, once touted as the largest gold find in history.
And reports from the Cayman Islands say Felderhof's assets were frozen
by a court there -- so much so his lawyers had to move in and fight to free
up cash for him to make it through Christmas.
Tests this spring showed the Indonesian find was a scam, sending Bre-X
stock plummeting back to its penny stock roots.
Felderhof, then vice-president of Bre-X, was overseeing operations when, according to the
company, geologist Michael de Guzman and other staff rigged core samples to suggest the deposit
contained up to 70-million oz. of gold.
De Guzman later committed suicide.
The lawsuit, uncovered this week by the Miami-based business newsletter Offshore Alert, was filed
in the Grand Court of the Cayman Islands on Dec. 19.
Named in the Deloitte & Touche lawsuit is Felderhof, his wife Ingrid and a company she controls
called Spartacus Corp.
Felderhof's wife is included because the former Bre-X executive is believed to have transferred
some or all of his assets into her name.
Ingrid Felderhof holds the deeds to the couple's $3-million mansion in the ultra-exclusive Vista Del
Mar community in the Caymans, their $1.2-million beachfront condo and a $450,000 cottage
retreat. Insiders say she also owns Spartacus and may hold millions through the
Cayman-incorporated firm.
Lawyers for Deloitte & Touche arrived at the $3-billion figure because it represented the sum of all
Canadian lawsuits involving Bre-X.
"The number being claimed is a derivative of actions against Bre-X itself, along with a large number
of other defendants," said Ross Nelson, senior VP of Deloitte & Touche in Calgary.
It's the first legal action against the 56-year-old Felderhof launched from within the Caribbean
nation, a famous tax haven.
It could also be the first in a string of suits by Deloitte & Touche against Bre-X executives, including
former president David Walsh.
"I'm sure they're looking into getting Walsh as well," said Offshore Alert publisher David Marchant.
"It might just be a matter of time before he's targeted."
Walsh, founder of Bre-X and its most vocal promoter before the massive scandal, is now a
permanent resident of the Ba-hamas and could not be reached for comment.
Felderhof has been holed up on Grand Cayman Island since Bre-X's multibillion-dollar gold play
unravelled.
Although Felderhof has denied knowledge of the gold-salting scheme that triggered Bre-X stock's
meteoric rise, he has refused to return to Canada to face courts and investors.
Cayman Island officials are still considering an application by Felderhof for permanent-resident
status, which is available with a minimum investment of $250,000.
Meanwhile, the miners, brokers and lawyers on the Mining Standards Task Force seeking ways to
avoid another Bre-X-type scandal have delayed their report for up to six months.
And fear is growing in mining circles the report might end up doing the wrong thing -- writing new
laws instead of more policing.
"If they come up with strict technical controls, it will just kill the business," said Dale Hendricks, a
Bre-X investor.
-- With files from The Financial Post

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To: Augie Goldspechkt who wrote (27629)12/31/1997 2:51:00 PM
From: Walter  Read Replies (2) | Respond to of 28369
 


Go to:
National
Business
News
The Bre-X Saga:
Fortune or Folly?

Court freezes Felderhof assets

Wednesday 31 December 1997

Stephen Ewart, Calgary Herald

Millions in assets of
Bre-X Minerals
director John
Felderhof have been
frozen by a Cayman
Islands court.

The move by
bankruptcy trustee
Deloitte & Touche
came so quickly that
Felderhof's lawyers
had to "move heaven
and earth" in the
Caribbean tax haven
on Christmas Eve to
even get spending
money for the chief
geologist of
Calgary-based
Bre-X.

Deloitte & Touche
had filed a civil suit
against Felderhof and
his wife, Ingrid, on
Dec. 18 and
convinced the Grand
Court to put a freeze
on their bank
accounts and three
posh homes.

The total value of
those assets was not
released.

"They were frozen
without any notice to
us," said Joe Groia, a
Toronto-based
lawyer for Felderhof.

Groia, who described
the move by Deloitte
& Touche as
unnecessary and
inappropriate given
the proximity to the
holidays, worked with
Caymanian lawyers to
get a judge to hear
their concerns at the
last moment before
Christmas.

"We were able to free
up some living money for basically the next two months," Groia said
Tuesday.

Ross Nelson, a senior vice-president with Deloitte & Touche in
Calgary, cited confidentiality rules imposed by the court in refusing
to divulge details.

"It all arises from Mr. Felderhof's dealings with Bre-X and his role
as an officer and director of Bre-X," Nelson said.

Court documents contend he was negligent and breached his
fiduciary duty to the company.

Nelson refused to speculate if the trustee would pursue similar
actions against Bre-X chief executive David Walsh.

"I can't comment on that at this time," Nelson said Tuesday.

David Walsh, reached at his seaside home in the Bahamas, had no
fear that Deloitte & Touche would target him next.

"There's no reason," Walsh said in an interview. "I've been a part of
the ongoing investigation, I'm no risk of flight and I've been assisting
in trying to uncover what has happened here."

Felderhof was Bre-X's top geologist and its senior official in
Indonesia, where the tiny Calgary-based mining exploration
company said it had discovered a deposit with 71 million ounces of
gold in the Busang area.

It was exposed as the biggest gold mining fraud in history last spring
and Bre-X, once worth $6 billion on the stock market, eventually
was forced into bankruptcy.

Bre-X began as a penny stock company. In 1996, speculation of
the massive gold find sent the stock soaring to a peak equal to $280
before plunging earlier this year when the massive "salting" scam was
uncovered.

Thousands of investors worldwide lost billions in the venture.

Walsh reportedly earned some $35 million trading Bre-X shares.
Felderhof has reportedly earned more than $40 million.

No criminal charges have been laid, but a report commissioned by
Bre-X blamed the fraud on Michael de Guzman, a geologist who
worked with Felderhof. De Guzman died in March after plunging
from a helicopter near the Busang site.

Dermod Travis, who heads a Montreal-based shareholders' rights
group which is part of a series of lawsuits launched by people who
held stock in the company, said he is interested to see if Deloitte will
now go after Walsh and others.

"The issue of breach of fiduciary duty regarding the officers and
directors of Bre-X may encompass more than John Felderhof,"
Travis said. "If they're limiting it to just Felderhof, I'd like to know
how they determined that.

Unlike Felderhof, who hasn't left the Caymans since the scandal
erupted last spring, Walsh has spent much of the year working in
Calgary. He returned to the Bahamas just before Christmas.

Groia said the civil suit was based on "innuendo and conjecture."
Felderhof will contend the suit.

Groia also complained the suit needlessly duplicated similar court
actions against Felderhof already under way in Alberta and Ontario.

"How many lawsuits do you need?" he asked.

In the documents filed in the court in Georgetown, the Cayman
capital, the assets listed include money the Felderhofs have in
Barclay's Bank, along with homes on Grand Cayman.

The homes include the palatial $3-million-US seaside villa at Vista
Del Mar which is the couple's primary residence, a $400,000
bungalow at Snug Harbor and a $1.2-million condominium on the
famous Seven Mile beach.

The suit also names the Cayman Islands company Spartacus Corp.

The trustee has requested all records of transfers between the
Felderhofs and Spartacus between 1993 and 1997. Ingrid
Felderhof was named in the suit because ownership of all the homes
is under her name.

Felderhof, who has said little publicly since the fraud was exposed
last spring, did submit to a lie-detector test administered by lawyers
last fall. It suggested he did not know about the tampering of
samples at Bre-X's Busang site.

The Cayman Islands, a British protectorate, is well known for
banking confidentiality and numbered bank accounts, but in an
interview with the Herald last spring, the president of the Cayman
Islands Bankers Association said the money in banks there is not
untouchable.

"If it (the court) finds there is something criminal, then there is no
protection," Jurg Kaufmann said.

Travis said he was pleased Deloitte & Touche was leading the
action in the Caymans because it had far more resources to go after
Felderhof's assets than did any shareholders.

Quick Facts

- Action: Deloitte & Touche, the bankruptcy trustee for Bre-X
Minerals, filed a civil suit against John Felderhof, Ingrid Felderhof
and Spartacus Ltd.

- Location: Georgetown, Cayman Islands.

- Court order: Felderhof's Cayman assets have been frozen by the
Grand Court.

- Assets Listed: Funds in Barclay's Bank (value not disclosed);
Vista Del Mar home (value, $3 million US); Snug Harbor home
(value, $400,000 US); Great House condominium (value, $1.2
million US).

- Elsewhere: Similar court actions are under way in Alberta and
Ontario.

We welcome your suggestions; send e-mail to
online@theherald.southam.ca

This web site is a supplement to the Calgary Herald,
a daily newspaper published in Calgary, Alberta, Canada.
Contents copyright 1997.

[ Calgary Herald Home Page ]



To: Augie Goldspechkt who wrote (27629)1/1/1998 2:22:00 AM
From: Graystone  Respond to of 28369
 
Hi Augie
or
Where ya been.

Here is that article that everyone is talking about from "misc.invest.canada".

[wsj.com]
December 30, 1997

Bre-X Account Remains Buried [Image]
But Slowly, Leads Are Unmined -----

By PETER WALDMAN and JAY SOLOMON [Image]
Staff Reporters of THE WALL STREET JOURNAL

The day before Michael de Guzman's apparent suicide
in March, the Bre-X Minerals Ltd. chief geologist,
whose purported gold strike at Busang, Indonesia,
would become history's biggest mining fraud, got a
phone call from the field.

It was mining engineer Manny Puspos, calling his
boss in Jakarta to ask if geologists from
Freeport-McMoRan Copper & Gold Inc., the big New
Orleans-based mining firm, could take a particular
rock sample to test for gold. Freeport was
examining the Busang claim, on the island of
Borneo, for a planned joint venture with Bre-X of
Calgary, Alberta. Mr. de Guzman, before leaving for
a mining conference in Toronto earlier in the
month, had left strict orders which samples
Freeport could test.

But now the Freeport team wanted more. Freeport's
own drill-test samples at Busang had shown little
worth mining. Suspicious, the geologists insisted
on testing core samples from supposedly goldbearing
holes provided by Bre-X. Speaking in their native
Tagalog, the Philippine language, Mr. Puspos
conferred with Mr. de Guzman as the Freeport
geologists stood by the phone for an answer.

'It Doesn't Matter Anymore'

"Mike says you can take the core," Mr. Puspos
finally said, according to people who were there.
"He said it doesn't matter anymore."

Hours later, Mr. de Guzman disappeared from a
helicopter over Borneo; chaos reigned. Freeport
executives, worried about their own geologists'
safety, ordered them to evacuate the remote jungle
site immediately. Scurrying to load their choppers
to beat a gathering thunderstorm, Freeport's David
Potter locked eyes one last time with Mr. Puspos.

"Is there something you want to tell me?" he asked
the young Filipino, witnesses say. "No," Mr. Puspos
said after a long pause. "No, no, no."

That parting exchange may have been the last, best
hope for a full accounting of the Bre-X case, the
$4 billion swindle of thousands of investors in
Bre-X's once-soaring stock. In the days following
the scam's exposure, Indonesian authorities,
seemingly embarrassed by the whole affair, let key
Bre-X witnesses disappear. Since then, despite
multiple inquiries by private investigators,
plaintiffs' lawyers, book authors and Canadian
police, none of the Bre-X insiders have apparently
provided any eyewitness accounts of how 40,000 bags
of worthless Busang rocks were salted to yield a
staggering estimate for the entire field of 71
million ounces of gold.

Still, pieces of the global Bre-X jigsaw puzzle are
falling into place.

Two Filipino Brothers

All roads from Busang lead back to the leafy
Philippine town of Desmarinas, which Manny Puspos
and his older brother, Cesar, call home. Cesar
Puspos, 36 years old, was Mr. de Guzman's
right-hand man. A quiet geologist with an excellent
work record prior to joining Bre-X, Cesar was
credited by the brash Mr. de Guzman with
"discovering" the so-called mother lode in Busang's
southeastern zone.

While Mr. de Guzman spent much of his time
island-hopping among Bre-X's several Indonesian
exploration sites, the trusted Cesar Puspos looked
after Busang. Cesar and brother Manny, a computer
specialist, resided at Bre-X's nerve center in
Samarinda, the eastern Borneo city eight hours by
boat down river from the Busang site. The Samarinda
compound appears to be where the heaviest spiking
of Busang rock samples with gold occurred,
according to a report commissioned by Bre-X and to
The Wall Street Journal's own investigation.

On March 19, the day Mr. de Guzman jumped or fell
from a helicopter transporting him to Busang for a
showdown with the Freeport geologists, Cesar Puspos
was away from Indonesia, apparently en route back
from the Toronto conference.

He surfaced nine days later at Mr. de Guzman's
Jakarta wake, and then spent a few weeks watching
Freeport and others drill more test holes at
Busang. In mid-April, Cesar flew to the Philippines
for a scheduled vacation. He was due back on the
job on May 1 -- the same week that Strathcona
Mineral Services Ltd. was scheduled to release its
independent geological audit of the Busang claim.

Instead, while Strathcona was exploding the Busang
fraud, Cesar Puspos ducked out of sight -- along
with $2.2 million of proceeds from his Bre-X stock
options. Jerome Alo, a Filipino metallurgist who
was the site manager at Busang, pocketed $1.2
million from Bre-X stock options. Manny Puspos, who
joined Bre-X late in the game and never received
stock options, now works for Benguet Corp., the
Philippine mining company that gave Mr. de Guzman
and his confidants their start.

Stock-Options Bonanza

Records show Bre-X's top executives in Canada
earned much more money from Bre-X stock options
than did the Filipino employees in the field. No
evidence has emerged linking any Bre-X executives
to the salting.

All the Bre-X Filipinos, while energetically
evading the media, have refused -- until now -- to
make any public statements, despite pleas to do so
from fellow Philippine geologists who fear Busang
has ruined their reputation as a group.

Which brings us back to Desmarinas, an hour's drive
south of Manila, and to a small brown house in a
subdivision called Villa Catalina. A woman emerges
from the screen door and walks toward a visitor at
the front gate.

"Cesar is working," she says, identifying herself
as the maid. She is pregnant and holds a little
girl in her arms who calls her "mama."

The visiting reporter introduces himself. "Is this
a BMW?" he asks, reaching for the vinyl covering on
a sedan parked in the driveway.

Suddenly, a man thunders out of the house. "What do
you want with me?" he yells. "You are the one who
is ruining my life: calling my uncle, calling my
mother!" His lips and jaw tremble, his head shakes.
His voice is choked. He looks like he's about to
cry.

Cesar Puspos, though hardly broke, is a broken man.
In his first contact with a reporter since Mr. de
Guzman's death, he is confused -- one moment
insisting he must call his lawyer, the next moment
settling into banter, albeit reticent, on the shady
sidewalk. He talks for two hours. He is frightened,
emotional, prone to personal remorse and self-pity.

Alone With the Mounties

This summer, the Puspos brothers, Mr. Alo and two
other Filipinos who worked for Bre-X were summoned
by subpoena to the Manila headquarters of the
Philippine National Bureau of Investigation. Cesar
arrived with his lawyer, expecting to be
interviewed by Filipino detectives. Instead, he
found four Royal Canadian Mounted Police, a tape
recorder and no Filipinos in sight. The Canadians
grilled him for four hours.

Cesar says he doesn't remember what they asked, or
what he told them. He does remember getting upset,
and his lawyer intervening, when, he says, they
tried to badger him into a confession. The Mounties
hinted they would go easy on him if he cooperated,
Cesar says. In particular, they wanted information
about John B. Felderhof, former chief geologist and
vice chairman of Bre-X, which is under
bankruptcy-court protection in Canada.

The Dutch-Canadian Mr. Felderhof, along with Mr. de
Guzman, brought the Busang claim to Bre-X Chairman
David Walsh and helped drive up Bre-X's share price
with wild hyperbole. Since the fraud was uncovered,
Mr. Felderhof, who earned at least $35 million from
his Bre-X share options, has been holed up in the
Cayman Islands, issuing statements protesting his
innocence but avoiding journalists.

Cesar doesn't think he gave the Mounties much to go
on.

"We were just geologists doing our jobs," he says.
"How could I tell them about things I didn't know
or didn't see."

The Canadian police haven't given up. They recently
asked Cesar and Mr. Alo to take lie-detector tests,
Cesar says. This month, some Mounties gave separate
polygraph exams in the Philippines to former Bre-X
employees Bobby Ramirez and Rudy Vega, according to
Mr. Vega. But Cesar says he won't take a polygraph
test, worried that he might fail it because of his
jangled nerves. Mr. Alo, through his lawyers, is
also refusing, Cesar says.

"We don't have to take them if we're not charged
with anything," he says.

Since April, Mr. Alo, who used to be one of the
more accessible Bre-X employees, has stopped
returning phone messages left at his Quezon City,
Philippines, home.

Not Even a Guess

Cesar professes to have no idea of how Busang's
samples got spiked; he won't even hazard a guess.
He does confirm that Bre-X took the unusual step of
opening sample bags in Samarinda before sending
them for assaying to the nearby city of Balikpapan,
as The Wall Street Journal disclosed in May. That
news caused consternation among mining
professionals, who said exploration samples should
never be waylaid or opened between mining site and
assay lab. The only reason Bre-X opened the bags,
Cesar says, was to check that none had broken in
transit. He wasn't the only person who inspected
them, he says; several Indonesian staff members
handled the job as well. The only reason Busang
sample bags accumulated in Samarinda, he says, was
because the high volume of samples delayed the
assaying.

But in Samarinda, Bre-X's Indonesian workers recall
a different drill.

Bre-X rule No. 1: No Busang samples could be
shipped from Samarinda unless personally approved
by Cesar Puspos, says Muzayanah, who worked as a
Bre-X logistics officer for 18 months, and, like
many Indonesians, uses a single name. "When Cesar
wasn't in Samarinda," she says, "all the bags would
stack up until he returned."

This bottleneck prompted angry phone calls from PT
Indo Assay Laboratories, Bre-X's assay lab in
Balikpapan. When Cesar wasn't around, the sample
flow stopped, says John Irvin, Indo Assay's
general-manager. It caused unheard-of delays for
such a hot exploration project. In its Busang
geological audit, Strathcona found one Busang
sample, drilled on Nov. 16, that didn't reach Indo
Assay until March 13.

What happened in between?

Pantiyani, who worked as a Bre-X accountant in the
Samarinda compound from March 1996 until last May,
shared an office wall with the staff recreation
room where sample bags were stored.

She and other former Bre-X workers say the sample
bags would arrive by truck from the Samarinda wharf
during normal business hours, and were unloaded on
the driveway outside the staff quarters in the rear
of the compound. Then, usually around dusk, Cesar
and local workers would move certain bags inside
the staff house, placing them on the
recreation-room floor. When the shipments backed
up, say former Bre-X staffers, the room became so
jammed with bags of rocks that it became difficult
to thread one's way to the adjoining kitchen.

Alone With the Bags at Night

Pantiyani saw Cesar opening the bags in the
evenings, alone, she says. Sometimes, she says, she
would be in the room when Cesar, working from
documents in his hand, would line up the sample
bags in sequence, open them and sometimes dip a pen
or pencil inside as if mixing the rocks. She says
she never saw him add any foreign material. But she
and other Bre-X workers say Cesar would often
remain in the recreation room long after midnight,
by himself.

In the morning when Pantiyani arrived at work, most
of the bags would already be resealed and ready for
shipment to Indo Assay. It seemed so routine, "I
never paid much attention to it," she says.

Cesar Puspos, invited to lay blame elsewhere for
Busang or to come up with any theory at all for how
it happened, the man who knows more about Bre-X's
sampling procedures than anyone else alive, says
simply, "I can't." He declines to speculate on what
understandings may have existed between his
superiors Messrs. de Guzman and Felderhof.
"Whatever they discussed," he says, "they didn't
tell me."

The evidence of broader involvement in the fraud,
beyond the Filipinos on the ground, is scant. Mr.
Walsh, Bre-X's chairman in Calgary, was the
money-raiser and stock-promoter and made many
millions on Bre-X. But he was completely detached
from the geological side. Mr. Felderhof, Bre-X's
top geologist, might have recognized warning signs
emanating from Borneo and the Busang data, say
geologists who helped uncover the scam. But Mr.
Felderhof appears to have been too enamored of Mr.
de Guzman's abilities and of their prospective
riches to pay any heed, they say.

Mr. Felderhof spent little time in Indonesia, and
deferred most questions about the site's geology to
Mr. de Guzman, according to former Bre-X employees
and executives of other mining companies. At a
geological presentation in Jakarta last year, Mr.
Felderhof couldn't even name the main river
traversing the site, one geologist recalls.

But in the only scientific paper written about
Busang, which was authored, in order, by Messrs.
Felderhof, de Guzman, Cesar Puspos and Indonesian
geologist Jonothan Nassey, the writers made
"special mention" of primary author Felderhof in
the acknowledgments, citing "his vast geological
expertise and inspiration."

'In the Dark'

"Mike kept Felderhof in the dark on most things,"
says Glen Greisbach, a Canadian geologist who
worked for Bre-X. "Felderhof was totally naive, a
dupe."

The Filipinos, on the other hand, could be
ruthless. Messrs. de Guzman, Alo and Cesar Puspos
ran Busang with an iron fist, controlling all
project information among themselves, say former
Bre-X employees. When Bre-X geologist Dimas
Sudibyo, an Indonesian, asked Cesar Puspos why
Bre-X had made the unorthodox decision to process
so-called in-fill, or less-promising rock samples,
at Busang, while sending the more-promising rocks
directly to Samarinda, Cesar shot back, "Because
I'm the boss," Mr. Dimas recalls.

One of the more mysterious episodes occurred in
January, when a fire gutted several buildings at
Busang. The blaze broke out before dawn in a
second-story suite housing Mr. Alo's office, former
workers say. Among the property destroyed were
thousands of pages of Busang logs, the detailed
impressions of freshly drilled core by Bre-X
geologists.

Later, loss of those records would thwart anyone
wanting to compare Busang's extraordinary, yet
erratic, assay results with the scientific
descriptions of the same rocks as they came out of
the ground.

As panic swept through the Busang camp, Mr. Alo
directed the futile efforts to extinguish the
blaze, former workers say. When the fire burned
itself out at about seven in the morning, he
ordered a bulldozer to plow the site under, despite
complaints from some Bre-X employees who wanted to
look for remains of their things, according to
former workers.

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