There does not exist any question concerning the title of ownership to Las Cristinas 4 & 6 gold mining concessions. The Las Cristinas ownership and transfer trail has been fully discovered, and legally established and well documented. Crystallex’s false title claims are based on an indirect interest in a private company that is controlled by Crystallex insiders, which through some undisclosed agreement has an interest in a Venezuelan company called Inversora Mael, C.A. (“Mael”). In 1986, Mael attempted, but failed, to fraudulently transfer the Las Cristinas’ title to its name. Mael and its principals were caught. They were sued. In two written statements, they gave up their claims and agreed that they had no claim related to Las Cristinas or against Lemon’s estate. These two agreements prevent Mael from making any ownership claims to Las Cristinas. Below is a summary of Mael’s long ago settled attempt to get a claim to Las Cristinas.
In 1963, the Ministry of Mines and Hydrocarbons awarded the Las Cristinas concessions to Dot Culver Witney de Lemon (“Lemon”). Fifteen years later said concessions were being exploited by virtue of a lease-exploitation agreement that Lemon had signed with Amalfi Grossi Gatti (“Gatti”). On June 17, 1982 Lemon, who was ill and in the last years of her life, through her attorney-in-fact, Rodolfo Rodrigo Schmidt (“Schmidt”), sued Gatti for cancellation of this agreement. Professional fees pursuant to this suit were never paid to Schmidt.
On September 4, 1985, Lemon granted a general power of attorney to Jesus Angel Adriana Morales (“Morales”) and Edgar Fernandez Moran. Seven months later Lemon expressly and indisputably revoked this power of attorney.
On April 15, 1986, before the Court of First Instance on Civil Matters of the Judicial Circuit of the Federal District and State of Miranda, Schmidt sold, assigned and transferred to Ramon Torres (“Torres”) all the credit he held against Lemon arising from the demand for payment of professional fees due to him for having been her attorney-in-fact in the proceeding for cancellation of agreement filed against Gatti. The day after becoming such creditor of Lemon, Torres appeared before the same court with Morales, who represented to have the capacity as attorney-in-fact of Lemon, although such power of attorney had been expressly repealed by Lemon. In order to pay Torres the credit he held against Lemon that he obtained from Schmidt, Morales, who was no longer the attorney-in-fact of Lemon, but purporting to be such, assigned all the rights and actions pertaining to Lemon over the Las Cristinas concessions to Torres. One month later, Torres assigned to Mael all rights and actions regarding the Las Cristinas concessions that allegedly had been assigned to him by Morales acting as if he represented Lemon.
The assignment of rights and actions over the Las Cristinas Mining Concessions entered into between Lemon and Torres and the subsequent sale of the aforementioned rights entered into between Torres and Mael were voided by a February 26, 1991 court decision finding no transfer occurred. Mael and its principals further confirmed this finding in two subsequent written settlements. On July 30, 1991, Mael entered into an agreement with the Corporacion de Venezuela de Guayana confirming it had no interest in Las Cristinas. In a separate second general release dated October 17, 1991, both Mael and Torres acknowledged they were not the owners of the Las Cristinas mining concessions and declared they will not make any future claims to Las Cristinas 4 & 6 or Lemon’s estate. This settlement was made with the Republic of Venezuela. These two final agreements are not subject to reversal or legal challenge. These two conclusive documents are valid and submissible in court against Mael. In any case, the illegal transfer was denied and no transfer ever occurred to Torres or Mael. There is nothing new or different to Crystallex’s claim. We do not know where Crystallex spent its $13.7 million. It did not change these facts. There is nothing that can alter these plain and simple facts. Mael has no claim to Las Cristinas.
Crystallex International Corporation (AMEX Symbol: KRY) (Price: $6.5625)
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