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Crystallex International Corporation is a Canadian-based gold company with a successful record of developing and operating gold mines in Venezuela and elsewhere in South America

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Message: Re: INTERESTING READING
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LMD
Mar 06, 2019 09:39AM

LMD: short answer, no (imho).

At most the judge will copy the Adrianza and Sisca letters to the relevant parties and include them in the court file. This is usually what happens with ex parte communication. Judges don't read them.

On the flip side (just for completeness), Crystallex's lawyers and/or Tenor's could respond (particularly regarding factual errors) but I don't see any reason for them to do so until and unless there is a motion before the court. If the errors are felt to be egregious (by e.g. the monitor?) then some (negative) action could come about but I also think this unlikely, neither letter appear to me to fall into the "solemn affirmation" requirement for perjury nor are likely to cause harm through any perceived defamation. The Adrianza letter seems more to be frustration with the system rather than a claim of illegal activity. The Sisca letter does make a fraud accusation but it appears to be based on a poor understanding of the law rather than malicious.

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