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----- Forwarded by Richard B Sanders/HOU/ECT on 09/01/2000 01:15 PM -----
=09Justin Boyd =0907/19/2000 04:53 AM =09=09=20 =09=09 To: Jeffrey T Hodge/HOU/ECT@ECT =09=09 cc: Richard B Sanders/HOU/ECT@ECT =09=09 Subject: MG Cargoes Claim Jeff, Further to my earlier e-mail.... Justin ---------------------- Forwarded by Justin Boyd/LON/ECT on 19/07/2000 10:55= =20 --------------------------- =20 =09Enron Capital & Trade Resources Corp. =09 =09From: martin.stanley@mgmcc.co.uk 17/07/2000 1= 2:00 =09 To: justin.boyd@enron.com cc: =20 Subject: SALVADOR CP 11MAY00 eSafe Protect Gateway (tm) has scanned this mail for viruses, vandals and suspicious attachments and has found it to be CLEAN. File: 7L_401!.DOC (19,456 bytes) Encoding: Base64 Result: Clean. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Justin, Thank you for your time this morning. I have attached the relevant copies of messages (Faxes and e-mails) since w= e first got wind of the injunction. Very pleased to help with any questions. MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Martin Stanley 06/29/2000 05:19 PM To: The Aluminium Group cc: Subject: SALVADOR CP 11MAY00 ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:13 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Martin Stanley 06/29/2000 05:30 PM To: The Aluminium Group cc: Subject: SALVADOR COURT ORDER ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:24 PM --------------------------- Fax Sr.@mglimps2. on 06/29/2000 05:10:24 PM To: MCCfax Aluminium/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: (I)From 212 223 3882 at 29/06/00 17:07:41 You have just received a new inbound fax containing a total of 6 pages. Your fax was received at 29/06/00 17:07:41. Your entry number in Fax Sr. was 0.2.1984 =0F:(Embedded image moved to file: pic11150.pcx) =0F: =0F:(Embedded image moved to file: pic17222.pcx) =0F: =0F: =0F:(Embedded image moved to file: pic16486.pcx) =0F: =0F: =0F: =0F:(Embedded image moved to file: pic29279.pcx) =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic15834.pcx) =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic24293.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Martin Stanley 06/29/2000 05:47 PM To: elenag@rual.ru cc: Subject: SALVADOR - COURT ORDER IN BALTIMORE Lena, Tried to contact you by phone. Plse read the attached fax and plse call me on my opening in London. MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:38 PM --------------------------- Fax Sr.@mglimps2. on 06/29/2000 05:10:24 PM To: MCCfax Aluminium/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: (I)From 212 223 3882 at 29/06/00 17:07:41 You have just received a new inbound fax containing a total of 6 pages. Your fax was received at 29/06/00 17:07:41. Your entry number in Fax Sr. was 0.2.1984 =0F:(Embedded image moved to file: pic14907.pcx) =0F: =0F:(Embedded image moved to file: pic20995.pcx) =0F: =0F: =0F:(Embedded image moved to file: pic07615.pcx) =0F: =0F: =0F: =0F:(Embedded image moved to file: pic04095.pcx) =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic19666.pcx) =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic24529.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 06:20:03 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 19:20 MSG.: 176125 ATTN MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE HAVE READ THROUGH THE FAX FM BOB KLIDE AND UNDERSTAND THAT BASE METAL ARE ARRESTING THE CARGO NOT THE SHIP I CANNOT TELL FROM THE DOCS IF THIS IS YR CARGO OR NOT. TRIED TO CALL BUT OF COURSE YR DIRECT LINE OCC RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 06:41:07 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 19:41 MSG.: 176131 TO MARTIN STANLEY CC BOB KLIDE WE SPOKE TO RICK TAYLOR AT AGENTS RICE UNRUH REYNOLDS OFFICE TEL4103852484 AND FOLLOWED UP WITH FLLG MSG QTE MV SALVADOR CP 11.05.00 PART CARGO ACCT MG MCC BS/L REF SPBA 1300000/5/6/7/8 FOR 3582.543 MT ALUMIN AS EXPLAINED WE ARE SHIPBROKERS AND HAVE FIXED THE A/M PARCEL FOR ACCT MG MCC ONBOARD MV SALVADOR CURRENTLY UNDER DISCHARGE AT RUCKERTS WE WOULD APPRECIATE IF YOU WOULD KINDLY KEEP US ADVISED AND PROVIDED CONVENIENT FOR MSSRS ATKLANTIC RORO READING IN COPY SUGGEST COPY ORWELL WITH ADVICE CONCERNING DISCHARGE OF THE A/M PARCEL WE RCVD ADVICE THAT THERE IS A COURT ORDER ISSUED FOR SIEZURE OF PART OF THE CARGO ALTHOUGH AT TIME OF WRITING WE DO NOT HAVE DETAILS. AS WE ANTICIPATED AND CONFIRMED DURING OUR TELCON USUAL PRACTICE WOULD BE FOR THE CARGO UNDER SUCH ATTACHMENT TO BE DISCHARGED FM VSL AND PLACED IN STORE WOULD APREC IF YOU WOULD KEEP US INFORMED OF DEVELOPEMENTS SO WE CAN KNOW STATUS FOR OUR OPNEING IN THE MORNING TKS YR ASSISTANCE IN ADVANCE FOR YR EASY REF HERE FOLLOWS OUR FULL STYLE UNQTE REGARDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Bob Klide@MGUSA 06/29/2000 06:59 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: The Aluminium Group Subject: Re: SALVADOR CP 11MAY00 (Document link not converted) I spoke again with Ely Goldin of Egorov, Puginsky, Afanasiev & Marks, who represent Base Metals. I told him we have paid for the material and have= =20 clean bills of lading. He said they weren't looking to "jam anybody up" and woul= d=20 try to resolve the situation upon receipt of our paperwork (which I have just received from Keith Whitehead) indicating our payment for the material and = our rightful ownership of same. Unless this matter is otherwise resolved, their intention is to let the ves= sel continue discharging and seize the material thereafter. Rukert Terminals advised me that a U.S. Marshall and two lawyers have alrea= dy been onboard the vessel and have confirmed this. Discharge is continuing w= ith our cargo expected to be completed by next Wednesday. I've conferred with = our lawyer, Arthur Taylor, and will fax the documents to Goldin this afternoon,= =20 who will look them over and get back to me tomorrow. Regards, Bob Klide |--------+-----------------------< | | Martin | | | Stanley@MGLTD| | | | | | 06/29/00 | | | 12:19 PM | | | | |--------+-----------------------< <--------------------------------------------------------| | | | To: | | cc: | | Subject: | <--------------------------------------------------------| ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:13 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Martin Stanley 06/30/2000 07:21 AM To: The Aluminium Group cc: Subject: SALVADOR CP 11MAY00 ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/30/2000 07:15 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 06:41:07 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 19:41 MSG.: 176131 TO MARTIN STANLEY CC BOB KLIDE WE SPOKE TO RICK TAYLOR AT AGENTS RICE UNRUH REYNOLDS OFFICE TEL4103852484 AND FOLLOWED UP WITH FLLG MSG QTE MV SALVADOR CP 11.05.00 PART CARGO ACCT MG MCC BS/L REF SPBA 1300000/5/6/7/8 FOR 3582.543 MT ALUMIN AS EXPLAINED WE ARE SHIPBROKERS AND HAVE FIXED THE A/M PARCEL FOR ACCT MG MCC ONBOARD MV SALVADOR CURRENTLY UNDER DISCHARGE AT RUCKERTS WE WOULD APPRECIATE IF YOU WOULD KINDLY KEEP US ADVISED AND PROVIDED CONVENIENT FOR MSSRS ATKLANTIC RORO READING IN COPY SUGGEST COPY ORWELL WITH ADVICE CONCERNING DISCHARGE OF THE A/M PARCEL WE RCVD ADVICE THAT THERE IS A COURT ORDER ISSUED FOR SIEZURE OF PART OF THE CARGO ALTHOUGH AT TIME OF WRITING WE DO NOT HAVE DETAILS. AS WE ANTICIPATED AND CONFIRMED DURING OUR TELCON USUAL PRACTICE WOULD BE FOR THE CARGO UNDER SUCH ATTACHMENT TO BE DISCHARGED FM VSL AND PLACED IN STORE WOULD APREC IF YOU WOULD KEEP US INFORMED OF DEVELOPEMENTS SO WE CAN KNOW STATUS FOR OUR OPNEING IN THE MORNING TKS YR ASSISTANCE IN ADVANCE FOR YR EASY REF HERE FOLLOWS OUR FULL STYLE UNQTE REGARDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Martin Stanley 06/30/2000 07:49 AM To: elenag@rual.ru, sergeybu@rual.ru cc: Subject: Re: SALVADOR CP 11MAY00 Lena, Further our telecon on Friday 30th June we are pleased to copy you in on a message we received from our NYK office Plse call MTS to discuss. 0044 207 265 2404 (Office) 0044 780 857 8816 (Mobile) MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/30/2000 07:16 AM --------------------------- Bob Klide@MGUSA 06/29/2000 06:59 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: The Aluminium Group Subject: Re: SALVADOR CP 11MAY00 (Document link not converted) I spoke again with Ely Goldin of Egorov, Puginsky, Afanasiev & Marks, who represent Base Metals. I told him we have paid for the material and have= =20 clean bills of lading. He said they weren't looking to "jam anybody up" and woul= d=20 try to resolve the situation upon receipt of our paperwork (which I have just received from Keith Whitehead) indicating our payment for the material and = our rightful ownership of same. Unless this matter is otherwise resolved, their intention is to let the ves= sel continue discharging and seize the material thereafter. Rukert Terminals advised me that a U.S. Marshall and two lawyers have alrea= dy been onboard the vessel and have confirmed this. Discharge is continuing w= ith our cargo expected to be completed by next Wednesday. I've conferred with = our lawyer, Arthur Taylor, and will fax the documents to Goldin this afternoon,= =20 who will look them over and get back to me tomorrow. Regards, Bob Klide |--------+-----------------------< | | Martin | | | Stanley@MGLTD| | | | | | 06/29/00 | | | 12:19 PM | | | | |--------+-----------------------< <--------------------------------------------------------| | | | To: | | cc: | | Subject: | <--------------------------------------------------------| ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:13 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- elenag@rual.ru on 06/30/2000 07:46:12 AM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: RE: SALVADOR CP 11MAY00 Martin, message received, thanks. Have forwarded it to Sergey. Pls note Sergey's email address is sergeybu@rual.ru Talk to you later. Lena -----Original Message----- From: martin.stanley@mgmcc.co.uk [mailto:martin.stanley@mgmcc.co.uk] Sent: Friday, June 30, 2000 10:34 AM To: elenag@rual.ru; sergybu@rual.ru Subject: Re: SALVADOR CP 11MAY00 Lena, Further our telecon on Friday 30th June we are pleased to copy you in on a message we received from our NYK office Plse call MTS to discuss. 0044 207 265 2404 (Office) 0044 780 857 8816 (Mobile) MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/30/2000 07:16 AM --------------------------- Bob Klide@MGUSA 06/29/2000 06:59 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: The Aluminium Group Subject: Re: SALVADOR CP 11MAY00 (Document link not converted) I spoke again with Ely Goldin of Egorov, Puginsky, Afanasiev & Marks, who represent Base Metals. I told him we have paid for the material and have clean bills of lading. He said they weren't looking to "jam anybody up" and woul= d try to resolve the situation upon receipt of our paperwork (which I have just received from Keith Whitehead) indicating our payment for the material and our rightful ownership of same. Unless this matter is otherwise resolved, their intention is to let the vessel continue discharging and seize the material thereafter. Rukert Terminals advised me that a U.S. Marshall and two lawyers have already been onboard the vessel and have confirmed this. Discharge is continuing with our cargo expected to be completed by next Wednesday. I've conferred with our lawyer, Arthur Taylor, and will fax the documents to Goldin this afternoon, who will look them over and get back to me tomorrow. Regards, Bob Klide |--------+-----------------------< | | Martin | | | Stanley@MGLTD| | | | | | 06/29/00 | | | 12:19 PM | | | | |--------+-----------------------< <--------------------------------------------------------| | | | To: | | cc: | | Subject: | <--------------------------------------------------------| ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:13 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO The information contained in this e-mail message and any files transmitted with it are confidential and may be legally privileged. It is intended only for the addressee and others authorized to receive it. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient you are advised that you have received the e-mail in error and that any disclosure, copying, distribution or action taken in reliance on the contents of the e-mail and it's attachments is strictly prohibited and may be unlawful. Please advise the sender immediately if you are not the intended recipient. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Bob Klide@MGUSA 06/30/2000 02:24 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: The Aluminium Group Subject: Re: SALVADOR CP 11MAY00 Ely Goldin, one of Base Metals' attorneys, confirmed receipt of the documen= ts=20 I faxed him. He's passed them on to his U.S. managing partner, who is in the= ir Moscow office, and hopes to revert today. Regards, Bob Klide ----- Forwarded by Bob Klide/NYC/MGUSA on 06/30/00 09:25 AM ----- |--------+------------------------< | | Bob Klide | | | | | | 06/29/00 01:59| | | PM | | | | |--------+------------------------< <-------------------------------------------------------| | | | To: | | cc: | | Subject: (Document link not converted) | <-------------------------------------------------------| I spoke again with Ely Goldin of Egorov, Puginsky, Afanasiev & Marks, who represent Base Metals. I told him we have paid for the material and have= =20 clean bills of lading. He said they weren't looking to "jam anybody up" and woul= d=20 try to resolve the situation upon receipt of our paperwork (which I have just received from Keith Whitehead) indicating our payment for the material and = our rightful ownership of same. Unless this matter is otherwise resolved, their intention is to let the ves= sel continue discharging and seize the material thereafter. Rukert Terminals advised me that a U.S. Marshall and two lawyers have alrea= dy been onboard the vessel and have confirmed this. Discharge is continuing w= ith our cargo expected to be completed by next Wednesday. I've conferred with = our lawyer, Arthur Taylor, and will fax the documents to Goldin this afternoon,= =20 who will look them over and get back to me tomorrow. Regards, Bob Klide |--------+-----------------------< | | Martin | | | Stanley@MGLTD| | | | | | 06/29/00 | | | 12:19 PM | | | | |--------+-----------------------< <--------------------------------------------------------| | | | To: | | cc: | | Subject: | <--------------------------------------------------------| ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:13 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Bob Klide@MGUSA 06/30/2000 07:28 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: The Aluminium Group Subject: Re: SALVADOR CP 11MAY00 Have unsuccessfully tried to contact Ely Goldin a number of times this afternoon. After speaking with Arthur Taylor, I sent Goldin a fax requirin= g their confirmation by the opening of business on Wednesday, July 5th that t= he seizure has been or immediately will be revoked or we will be required to g= o=20 to the court to recognize our title to the material and hold Base Metals responsible for any and all damages/losses. I'll be out the balance of nex= t week but will be reachable. Sandra Torres has all of the necessary phone numbers. Regards, Bob Klide ----- Forwarded by Bob Klide/NYC/MGUSA on 06/30/00 02:30 PM ----- |--------+-----------------------< | | Bob Klide | | | | | | 06/30/00 | | | 09:24 AM | | | | |--------+-----------------------< <--------------------------------------------------------| | | | To: | | cc: | | Subject: | <--------------------------------------------------------| Ely Goldin, one of Base Metals' attorneys, confirmed receipt of the documen= ts=20 I faxed him. He's passed them on to his U.S. managing partner, who is in the= ir Moscow office, and hopes to revert today. Regards, Bob Klide ----- Forwarded by Bob Klide/NYC/MGUSA on 06/30/00 09:25 AM ----- |--------+------------------------< | | Bob Klide | | | | | | 06/29/00 01:59| | | PM | | | | |--------+------------------------< <-------------------------------------------------------| | | | To: | | cc: | | Subject: (Document link not converted) | <-------------------------------------------------------| I spoke again with Ely Goldin of Egorov, Puginsky, Afanasiev & Marks, who represent Base Metals. I told him we have paid for the material and have= =20 clean bills of lading. He said they weren't looking to "jam anybody up" and woul= d=20 try to resolve the situation upon receipt of our paperwork (which I have just received from Keith Whitehead) indicating our payment for the material and = our rightful ownership of same. Unless this matter is otherwise resolved, their intention is to let the ves= sel continue discharging and seize the material thereafter. Rukert Terminals advised me that a U.S. Marshall and two lawyers have alrea= dy been onboard the vessel and have confirmed this. Discharge is continuing w= ith our cargo expected to be completed by next Wednesday. I've conferred with = our lawyer, Arthur Taylor, and will fax the documents to Goldin this afternoon,= =20 who will look them over and get back to me tomorrow. Regards, Bob Klide |--------+-----------------------< | | Martin | | | Stanley@MGLTD| | | | | | 06/29/00 | | | 12:19 PM | | | | |--------+-----------------------< <--------------------------------------------------------| | | | To: | | cc: | | Subject: | <--------------------------------------------------------| ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 06/29/2000 05:13 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 06/29/2000 05:16:44 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 29-JUN-00 18:17 MSG.: 176090 ATTN BOB KLIDE CC MARTIN STANLEY MV SALVADOR CP 11.05.00 DISCHARGE BALTIMORE RETELCON WITH MARTIN PLSD TO RCVE YR FURTHER ADVICE AS WE HAVE SPOKEN TO OWNERS WHO SAID THEY NOT AWARE OF COURT ORDER AND DISCHARGE CONTINUES WITHOUT INTERUPTION WE MAYBE ABLE TO GET SOME INFO FM AGENTS RICE UNRUH REYNOLDS TEL 410-385-2484 FAX 410-385-2493 MR JERRY WIDDERICH IN CASE NEEDED AM OF COURSE AVAILABLE EITHER ON MOBILE (377) 680869310 OR HOME (33)493281957 RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:44 AM --------------------------- Martin Stanley 07/03/2000 11:09 AM To: The Aluminium Group cc: Subject: 002671 - 3,582.458MT PER 'SALVADOR' Attached received from Aluminium of Siberia MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/03/2000 11:00 AM --------------------------- Fax Sr.@mglimps2. on 07/03/2000 09:57:30 AM To: MCCfax Aluminium/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: (I)From 7095 720 5172 at 03/07/00 09:56:51 You have just received a new inbound fax containing a total of 19 pages. Your fax was received at 03/07/00 09:56:51. Your entry number in Fax Sr. was 0.2.2450 =0F:(Embedded image moved to file: pic32225.pcx) =0F: =0F:(Embedded image moved to file: pic17464.pcx) =0F: =0F: =0F:(Embedded image moved to file: pic24207.pcx) =0F: =0F: =0F: =0F:(Embedded image moved to file: pic06824.pcx) =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic02927.pcx) =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic13968.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic14013.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic00954.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic32169.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic20700.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic10544.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic11162.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic16031.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic16759.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic09512.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic05525.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic04411.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic06453.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F:(Embedded image moved to file: pic11129.pcx) =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: =0F: ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 07/04/2000 06:54:59 AM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 04-JUL-00 07:56 MSG.: 178929 ATTN MARTIN STANLEY MV SALVADOR CP 11.05.00 FLLG RCVD ONIGHT DIRECT FM SHIPAGENT ATTENDNG VSL AT BALTIMORE TO ORWELL SHIPPING SERVICES, MONTE CARLO / VIA EMAIL ATTN: PAUL HARTFIELD CC ATLANTIC RORO CARRIERS / V. PANTCHENKO FR RICE, UNRUH, REYNOLDS CO., PHILA. RE: SALVADOR - VOY R0-13 BL'S SPBA 1200000/5/6/7/8 - 3582.543 MT ALUM AS OF THIS MORNING SUBJECT CARGO ABOUT 1/2 DISCHARGED; EXPECT COMPLETE DISCHARGE 6TH OR 7TH. REGRET TO ADVISE THAT THOSE FOUR BILLS OF LADING WERE THIS MORNING LIENED ON THE TERMINAL, WE UNDERSTAND IN CONNECTION WITH A JUDGEMENT AGAINST THE PRODUCING MILLIN RUSSIA. FOR DETAILS OF LIEN YOU SHOULD CONTACT RUCKERT TERMINAL, RICK WOLF PHONE 410-276-1013 FAX 410-327-2315. KEEP IN MIND TOMORROW IS JULY 4TH HOLIDAY WITH NO ONE WORKING. B'RGDS, RICK TAYLOR UNQTE SUPPOSE BOB KLIDE IS ALREADY ON TO IT. IF YOU BELIEVE WE CAN BE OF ASSISTANCE PLS ADVISE. RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Martin Stanley 07/04/2000 08:20 AM To: The Aluminium Group cc: Subject: SALVADOR CP 11MAY00 Bob, Nicole and Jean, WELCOME BACK !!! Following received from Orwell............. (Plse see attached below) ............... Now we have to act quickly, but all moving in the same direction. If we assume the entire cargo will be attached once the discharge operation= =20 has finished, then we should all realise that this represents $5,000,000.00 of = our money tied up on the quay, not to mention the inability to deliver against = our existing commitments. We have couriered about 60 pages of further documents we received from=20 Aluminium of Siberia proving the chain of ownership from the smelter to Aluminium of Siberia and with copies of the RWB showing the metal was all despatched wit= hin April from the smelter. Have we placed Base metal on notice that now they have attached the metal w= e reserve the right to counter sue for all costs and expenses WE may suffer a= s a result of their attaching metal to which we have clear title ??? Talk to the court in Maryland and establish what additional documentation t= hey actually require for us to prove beyond doubt that the metal is ours. Speak to our lawyer and ask 'What should we do next ???' MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/04/2000 08:00 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 07/04/2000 06:54:59 AM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: SALVADOR CP 11MAY00 Originating Author: Paul FROM: ORWELL SHIPPING SERVICES DATE: 04-JUL-00 07:56 MSG.: 178929 ATTN MARTIN STANLEY MV SALVADOR CP 11.05.00 FLLG RCVD ONIGHT DIRECT FM SHIPAGENT ATTENDNG VSL AT BALTIMORE TO ORWELL SHIPPING SERVICES, MONTE CARLO / VIA EMAIL ATTN: PAUL HARTFIELD CC ATLANTIC RORO CARRIERS / V. PANTCHENKO FR RICE, UNRUH, REYNOLDS CO., PHILA. RE: SALVADOR - VOY R0-13 BL'S SPBA 1200000/5/6/7/8 - 3582.543 MT ALUM AS OF THIS MORNING SUBJECT CARGO ABOUT 1/2 DISCHARGED; EXPECT COMPLETE DISCHARGE 6TH OR 7TH. REGRET TO ADVISE THAT THOSE FOUR BILLS OF LADING WERE THIS MORNING LIENED ON THE TERMINAL, WE UNDERSTAND IN CONNECTION WITH A JUDGEMENT AGAINST THE PRODUCING MILLIN RUSSIA. FOR DETAILS OF LIEN YOU SHOULD CONTACT RUCKERT TERMINAL, RICK WOLF PHONE 410-276-1013 FAX 410-327-2315. KEEP IN MIND TOMORROW IS JULY 4TH HOLIDAY WITH NO ONE WORKING. B'RGDS, RICK TAYLOR UNQTE SUPPOSE BOB KLIDE IS ALREADY ON TO IT. IF YOU BELIEVE WE CAN BE OF ASSISTANCE PLS ADVISE. RGDS/PAUL HARTFIELD/ORWELL MONACO ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Sam Hainsworth 07/04/2000 12:57 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: The Aluminium Group Subject: Re: SALVADOR CP 11MAY00 (Document link not converted) For the avoidance of doubt no correspondence should be sent to any of the counterparties unless it has been approved by the lawyers.Martin Stanley is coordinating our response and should be appraised of all correspndence,either verbal or written. Marc Rich/Novarco are some way further down the track in their similar problem and expect to have their case heard over the next few days in New jersey.We should keep appraised of their progress. As regards our stance I think that we should now take steps to hold the plaintiff responsible for any costs incurred due to the attatchment and we should ask the court to require the m to post a bond against such costs. Any comments welcome sam ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Orwell shipping <orwell@webstore.mc< on 07/05/2000 02:17:01 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: OEWLL LIEN USA Originating Author: Bart FROM: ORWELL SHIPPING SERVICES DATE: 05-JUL-00 15:18 MSG.: 180566 MARTIN/BART LIEN IN USA MARTIN SORRY ABOUT DELAY REPLYING RE LIEN QUESTION WE WERE TRYING TO GET HOLD OF LONDON SHIPPING LAWYER FREIND WHO GIVES AS FREE TELCON ADVICE ANYWAY COULDN'T GET HIM OUT OF COURT SO MY OPINION IS THAT US LAW NOT VERY DIFF FROM UK LAW IN RESPECT OF THE REQUIREMENT TO PROVE WHERE OWNERSHIP LIES. ITS VERY EASY TO GET A US JUDGE WHO DOES NOT KNOW SHIPPING TO ISSUE A LIEN ON THE CARGO AS THEY DO NOT PROPERLY CHECK THE 'REAL' OWNERSHIP. IN THE END DESPITE THE FACT THE THE COURT HAS ALLOWED THE LIEN YOU SHOULD BE ABLE TO GET THE CARGO RELEASED PROVIDING YOU CAN PROVE THAT YOU OWN THE PROPERTY AND NOVOKUZNETSK NO LONGER DOES. OVERAGED INSURANCE - I WILL LOOK THROUGH AND COMMENT REGARDS BART ORWELL MC ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- BobbyK0829@aol.com on 07/05/2000 02:21:29 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: M/V Salvador Spoke with Sandra Torres this morning. She advised me we've had no further correspondence from the Base Metals attorney, Ely Goldin, and a copy of an e-mail from you indicates that the material is definitely being seized. I told her to speak with our attorney, Art Taylor, to determine what steps he wants to take next. I'll be reachable most of the day if you need me. My home phone numbers ar= e 516-489-3116 or 516-489-9291. An overseas call to my private cell phone would be prohibitively expensive, but Sandy Torres has it if I need to be reached. I'd appreciate copies of any e-mails on this subject to this e-mail address= , bobbyk0829@aol.com, so I can keep on top of this. I've also told Sandy to check with Rukert Terminal to determine when discharge is complete and to advise you accordingly. Bob Klide ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Martin Stanley 07/05/2000 03:06 PM To: The Aluminium Group cc: Subject: OEWLL LIEN USA Herewith Orwell's view ............. MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/05/2000 02:59 PM --------------------------- Orwell shipping <orwell@webstore.mc< on 07/05/2000 02:17:01 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: Subject: OEWLL LIEN USA Originating Author: Bart FROM: ORWELL SHIPPING SERVICES DATE: 05-JUL-00 15:18 MSG.: 180566 MARTIN/BART LIEN IN USA MARTIN SORRY ABOUT DELAY REPLYING RE LIEN QUESTION WE WERE TRYING TO GET HOLD OF LONDON SHIPPING LAWYER FREIND WHO GIVES AS FREE TELCON ADVICE ANYWAY COULDN'T GET HIM OUT OF COURT SO MY OPINION IS THAT US LAW NOT VERY DIFF FROM UK LAW IN RESPECT OF THE REQUIREMENT TO PROVE WHERE OWNERSHIP LIES. ITS VERY EASY TO GET A US JUDGE WHO DOES NOT KNOW SHIPPING TO ISSUE A LIEN ON THE CARGO AS THEY DO NOT PROPERLY CHECK THE 'REAL' OWNERSHIP. IN THE END DESPITE THE FACT THE THE COURT HAS ALLOWED THE LIEN YOU SHOULD BE ABLE TO GET THE CARGO RELEASED PROVIDING YOU CAN PROVE THAT YOU OWN THE PROPERTY AND NOVOKUZNETSK NO LONGER DOES. OVERAGED INSURANCE - I WILL LOOK THROUGH AND COMMENT REGARDS BART ORWELL MC ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- BobbyK0829@aol.com on 07/06/2000 03:31:59 AM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: sandra.torres@mgusa.com Subject: M/V Salvador It's 10:30 PM here and I haven't seen any correspondence relating to the "Salvador" from anybody. Martin, I managed to finally get hold of Ely Goldin at about 5 PM. He said he was going to e-mail me a copy of a fax he was sending but I never saw it= . I told him in no uncertain terms that he was indeed "jamming us up" and tha= t if our material wasn't released to us, we'd have to cover our nearby commitments from other sources at huge cost and would hold Base Metals responsible. He said he needed to establish some link between Aluminium of Siberia and the Russian smelter and he wondered why the shipper on the bill= s of lading was Unimetal (or Uni something - I don't quite remember the name) and what was their relationship to Alum. of Siberia. I told him we bought = it in good faith and there may have been any number of companies in the chain who were really of no concern to us. At that point, Art Taylor was calling him on the other line. I decided that call was more important so we ended the conversation. I trust you have since received an e-mailed update from Sandy as to the contents of their phone call with Goldin (which someone please e-mail to me= ). I'll be out of the house all day tomorrow but will have my cell phone with me, although I expect to be out of range most of the time. I'll call the office late morning/early afternoon to get an update. Sandy, since Art is = on vacation, did he suggest that Greg Clausson might be of assistance? He mig= ht be more readily available to file any necessary legal papers, unless he's also on vacation. Bob Klide ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- "Gately, Mark D." <MGATELY@MilesStockbridge.com< on 07/06/2000 09:34:06 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "Mullin, Timothy L." <TMULLIN@MilesStockbridge.com<, "Haiber, Scott R= ." <SHAIBER@MilesStockbridge.com<, "Doub, James C." <JDOUB@MilesStockbridge.com< Subject: MG Metal & Commodity Corp- Base Metals Matter Martin: Thank you for your time in discussing this with us. We will email and fax you a draft affidavit as soon as we are able to get one prepared. Should yo= u need us, please call or contact us at one of the references shown below: Mark Gately Office-410.385.3643 Home- 410.841.6122 Cell 410.218.2715 Fax 410.385.3700 Tim Mullin Office-410.385.3641 Home-410.560.2018 Home fax-410.560.2018 Cell-410.458.7214 Fax 410.385.3400 Scott Haiber Office-410.385.3637 Home- 410.836.5332 Thank you. Rock n' Roll. Mark D. Gately Miles & Stockbridge, PC 10 Light Street Baltimore, MD. 21202 410.385.3643 mgately@milesstockbridge.com ************************************************* This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s), and may contain confidential and privileged information. If you are not an intended recipient of this e-mail, you are hereby notified that any unauthorized use or distribution of this e-mail is strictly prohibited. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- "Gately, Mark D." <MGATELY@MilesStockbridge.com< on 07/07/2000 11:03:28 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "Mullin, Timothy L." <TMULLIN@MilesStockbridge.com<, "Haiber, Scott R= ." <SHAIBER@MilesStockbridge.com< Subject: FW: Wiring Instructions Martin: Here are wiring instructions for the Miles & Stockbridge account. Mark < -----Original Message----- < From: Capp, Kathleen M. < Sent: Friday, July 07, 2000 4:40 PM < To: Gately, Mark D. < Subject: Wiring Instructions < < Bank of America < 10 Light Street < Baltimore, MD 21202 < ABA: 052001633 < Account Name: Miles & Stockbridge P.C. < Account Number: 00 200 382 2806 (Escrow) < 00 392 814 0803 (Operating) < < Please have client include a reference when sending a wire. < Ex. File number, Attorney, etc. < < < < ************************************************* This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s), and may contain confidential and privileged information. If you are not an intended recipient of this e-mail, you are hereby notified that any unauthorized use or distribution of this e-mail is strictly prohibited. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Martin Stanley 07/10/2000 12:18 PM To: The Aluminium Group cc: mgately@milesstockbridge.com, Arthur Taylor/NYC/MGUSA@MGUSA, Sandra Torres/NYC/MGUSA@MGUSA Subject: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S.PETE/BALTIMORE Pleased to recap CURRENT situation as follows: On Friday 7th July, Judge Garbis (District of Maryland) ordered that the attachment of our metal be vacated (i.e. released), but that ANY proceeds f= rom any sales be paid to: Bank of America, 10 Light Street, Baltimore, MD 21202 Account name: Miles and Stockbridge P.C. Account number: 00 200 382 2806 (Escrow). We intend to challenge this condition immediately - hopefully Tuesday / Wednesday (11th / 12th July). Judge Garbis appears to be on our side, but since this was a 'Friday=20 afternoon' judgement he has allowed Base Metals a little more time to try and prove we= =20 were involved in some 'fraud'. The Judge told their lawyers that he could see NO indication of any such evidence and that they had to 'put up or shut up' MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- "Markowitz, Bruce" <Bruce.Markowitz@com-box.com< on 07/10/2000 07:03:18 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "'mrlawfirm@aol.com'" <mrlawfirm@aol.com< Subject: Novo Metal Mr. Martin Stanley MG Metals - London Tel: 011-44-207-265-2404 Mobile: 011-44-780-857-8816 Email: martin.stanley@mgmcc.co.uk Dear Martin, In reference to our phone discussion, please find below full details of our attorney who has been working on this problem. Mr. Scott Markowitz Markowitz & Rabbach 100 Jericho Quadrangle - Suite 115 Jericho, NY 11753 Tel: 516-822-7888 Fax: 516-822-7907 Email: mrlawfirm@aol.com He has done an excellent job so far and we hope to have some results later this week. Regards, Bruce Markowitz NOVARCO LTD. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- "Gately, Mark D." <MGATELY@MilesStockbridge.com< on 07/10/2000 10:24:24 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "Mullin, Timothy L." <TMULLIN@MilesStockbridge.com<, "Haiber, Scott R= ." <SHAIBER@MilesStockbridge.com< Subject: RE: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE Martin: Sorry I was unable to catch up with you on Monday; I tried your office and "cell" phone, but called too late in the day. I think we should keep pushing here. I'm inclined to send Ely and company = a letter suggesting that they now have enough documentation to show them that MG does, indeed, own the metal and that they should voluntarily release the escrow arrangement. I would combine that with a representation that both MG Corp and MG Ltd are quite solvent and more than able to cover a $5MM loss i= n the extremely unlikely event that Base Metals could ever prove to a court that MG owed that amount to them. I would couple this with a request that w= e have an all parties conference call no later than Wednesday to discuss our respective positions. If we can not achieve a result satisfactory to us, then I feel we should go back to the court, probably no earlier than Monday so as not to make it look to Judge Garbis that we are being excessively aggressive. Our easiest argument to the court at this early stage is probably one base= d on our solvency, i.e., "Judge there is no need for you to escrow MG's money= , because MG is by no means a credit risk by any definition." The only other document relating to the metal that I would like to have is evidence that Aluminum of Siberia did pay Unimetal for the metal in question. Could you lay hands on that? I will attempt to send you a draft of the proposed letter to the Bad Guys later this evening in the hope that we can discuss on Tuesday. Regards Mark -----Original Message----- From: martin.stanley@mgmcc.co.uk [mailto:martin.stanley@mgmcc.co.uk] Sent: Monday, July 10, 2000 7:18 AM To: The Aluminium Group Cc: mgately@milesstockbridge.com; Arthur Taylor; Sandra Torres Subject: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE Pleased to recap CURRENT situation as follows: On Friday 7th July, Judge Garbis (District of Maryland) ordered that the attachment of our metal be vacated (i.e. released), but that ANY proceeds from any sales be paid to: Bank of America, 10 Light Street, Baltimore, MD 21202 Account name: Miles and Stockbridge P.C. Account number: 00 200 382 2806 (Escrow). We intend to challenge this condition immediately - hopefully Tuesday / Wednesday (11th / 12th July). Judge Garbis appears to be on our side, but since this was a 'Friday afternoon' judgement he has allowed Base Metals a little more time to try and prove we were involved in some 'fraud'. The Judge told their lawyers that he could see NO indication of any such evidence and that they had to 'put up or shut up' MTS The information contained in this e-mail message and any files transmitted with it are confidential and may be legally privileged. It is intended only for the addressee and others authorized to receive it. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient you are advised that you have received the e-mail in error and that any disclosure, copying, distribution or action taken in reliance on the contents of the e-mail and it's attachments is strictly prohibited and may be unlawful. Please advise the sender immediately if you are not the intended recipient. ************************************************* This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s), and may contain confidential and privileged information. If you are not an intended recipient of this e-mail, you are hereby notified that any unauthorized use or distribution of this e-mail is strictly prohibited. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Martin Stanley 07/11/2000 08:02 AM To: "Markowitz, Bruce" <Bruce.Markowitz@com-box.com< cc: Sam Hainsworth/The Metal & Commodity Co Ltd/MGLTD@MGLTD Subject: Re: Novo Metal (Document link not converted) Many thanks. MTS "Markowitz, Bruce" <Bruce.Markowitz@com-box.com< on 07/10/2000 07:03:18 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "'mrlawfirm@aol.com'" <mrlawfirm@aol.com< Subject: Novo Metal Mr. Martin Stanley MG Metals - London Tel: 011-44-207-265-2404 Mobile: 011-44-780-857-8816 Email: martin.stanley@mgmcc.co.uk Dear Martin, In reference to our phone discussion, please find below full details of our attorney who has been working on this problem. Mr. Scott Markowitz Markowitz & Rabbach 100 Jericho Quadrangle - Suite 115 Jericho, NY 11753 Tel: 516-822-7888 Fax: 516-822-7907 Email: mrlawfirm@aol.com He has done an excellent job so far and we hope to have some results later this week. Regards, Bruce Markowitz NOVARCO LTD. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Martin Stanley 07/11/2000 08:11 AM To: The Aluminium Group cc: Arthur Taylor/NYC/MGUSA@MGUSA Subject: RE: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE FYI MTS ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/11/2000 08:04 AM --------------------------- "Gately, Mark D." <MGATELY@MilesStockbridge.com< on 07/10/2000 10:24:24 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "Mullin, Timothy L." <TMULLIN@MilesStockbridge.com<, "Haiber, Scott R= ." <SHAIBER@MilesStockbridge.com< Subject: RE: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE Martin: Sorry I was unable to catch up with you on Monday; I tried your office and "cell" phone, but called too late in the day. I think we should keep pushing here. I'm inclined to send Ely and company = a letter suggesting that they now have enough documentation to show them that MG does, indeed, own the metal and that they should voluntarily release the escrow arrangement. I would combine that with a representation that both MG Corp and MG Ltd are quite solvent and more than able to cover a $5MM loss i= n the extremely unlikely event that Base Metals could ever prove to a court that MG owed that amount to them. I would couple this with a request that w= e have an all parties conference call no later than Wednesday to discuss our respective positions. If we can not achieve a result satisfactory to us, then I feel we should go back to the court, probably no earlier than Monday so as not to make it look to Judge Garbis that we are being excessively aggressive. Our easiest argument to the court at this early stage is probably one base= d on our solvency, i.e., "Judge there is no need for you to escrow MG's money= , because MG is by no means a credit risk by any definition." The only other document relating to the metal that I would like to have is evidence that Aluminum of Siberia did pay Unimetal for the metal in question. Could you lay hands on that? I will attempt to send you a draft of the proposed letter to the Bad Guys later this evening in the hope that we can discuss on Tuesday. Regards Mark -----Original Message----- From: martin.stanley@mgmcc.co.uk [mailto:martin.stanley@mgmcc.co.uk] Sent: Monday, July 10, 2000 7:18 AM To: The Aluminium Group Cc: mgately@milesstockbridge.com; Arthur Taylor; Sandra Torres Subject: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE Pleased to recap CURRENT situation as follows: On Friday 7th July, Judge Garbis (District of Maryland) ordered that the attachment of our metal be vacated (i.e. released), but that ANY proceeds from any sales be paid to: Bank of America, 10 Light Street, Baltimore, MD 21202 Account name: Miles and Stockbridge P.C. Account number: 00 200 382 2806 (Escrow). We intend to challenge this condition immediately - hopefully Tuesday / Wednesday (11th / 12th July). Judge Garbis appears to be on our side, but since this was a 'Friday afternoon' judgement he has allowed Base Metals a little more time to try and prove we were involved in some 'fraud'. The Judge told their lawyers that he could see NO indication of any such evidence and that they had to 'put up or shut up' MTS The information contained in this e-mail message and any files transmitted with it are confidential and may be legally privileged. It is intended only for the addressee and others authorized to receive it. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient you are advised that you have received the e-mail in error and that any disclosure, copying, distribution or action taken in reliance on the contents of the e-mail and it's attachments is strictly prohibited and may be unlawful. Please advise the sender immediately if you are not the intended recipient. ************************************************* This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s), and may contain confidential and privileged information. If you are not an intended recipient of this e-mail, you are hereby notified that any unauthorized use or distribution of this e-mail is strictly prohibited. ---------------------- Forwarded by Martin Stanley/The Metal & Commodity Co Ltd/MGLTD on 07/17/2000 11:45 AM --------------------------- Martin Stanley 07/11/2000 10:31 AM To: "Gately, Mark D." <MGATELY@MilesStockbridge.com< cc: The Aluminium Group, Arthur Taylor/NYC/MGUSA@MGUSA Subject: RE: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE (Document link not converted) Mark, Thanks your e-mail and proposed 'draft letter' to Egorov,Pirginsky and Afanasiev. We are in agreement to all your suggestions, but would ask your views on th= e following: 1) Do you think it would be advisable to return to the court say on this Thursday, 13th July, and ask Judge Garbis what he considers 'reasonable tim= e' for the Plaintiff to react ??? 2) We are all determined to keep the pressure on Base and must ensure we ke= ep them on the back foot - whilst we agree with the content of your draft we f= eel it could be harder hitting - lets discuss. 3) In regard to proof of payment by ALS to Unimetal we have the following situation - ALS can show they made a number of large payments to Unimetal a= nd can supply a spreadsheet showing details of their account with Unimetal. It= =20 may be harder to show specific payments against specific invoices, but I am=20 pushing ALS for such evidence. 4) In your draft letter plse note MG Metal is part of MG plc, a publically traded company with a market cap of $450.00 million. Lets discuss on your opening MTS "Gately, Mark D." <MGATELY@MilesStockbridge.com< on 07/10/2000 10:24:24 PM To: Martin Stanley/The Metal & Commodity Co Ltd/MGLTD@MGLTD cc: "Mullin, Timothy L." <TMULLIN@MilesStockbridge.com<, "Haiber, Scott R= ." <SHAIBER@MilesStockbridge.com< Subject: RE: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE Martin: Sorry I was unable to catch up with you on Monday; I tried your office and "cell" phone, but called too late in the day. I think we should keep pushing here. I'm inclined to send Ely and company = a letter suggesting that they now have enough documentation to show them that MG does, indeed, own the metal and that they should voluntarily release the escrow arrangement. I would combine that with a representation that both MG Corp and MG Ltd are quite solvent and more than able to cover a $5MM loss i= n the extremely unlikely event that Base Metals could ever prove to a court that MG owed that amount to them. I would couple this with a request that w= e have an all parties conference call no later than Wednesday to discuss our respective positions. If we can not achieve a result satisfactory to us, then I feel we should go back to the court, probably no earlier than Monday so as not to make it look to Judge Garbis that we are being excessively aggressive. Our easiest argument to the court at this early stage is probably one base= d on our solvency, i.e., "Judge there is no need for you to escrow MG's money= , because MG is by no means a credit risk by any definition." The only other document relating to the metal that I would like to have is evidence that Aluminum of Siberia did pay Unimetal for the metal in question. Could you lay hands on that? I will attempt to send you a draft of the proposed letter to the Bad Guys later this evening in the hope that we can discuss on Tuesday. Regards Mark -----Original Message----- From: martin.stanley@mgmcc.co.uk [mailto:martin.stanley@mgmcc.co.uk] Sent: Monday, July 10, 2000 7:18 AM To: The Aluminium Group Cc: mgately@milesstockbridge.com; Arthur Taylor; Sandra Torres Subject: 002671 - 3,582.548MT ALUMINIUM TEE SHIPPED PER 'SALVADOR' - S .PETE/BALTIMORE Pleased to recap CURRENT situation as follows: On Friday 7th July, Judge Garbis (District of Maryland) ordered that the attachment of our metal be vacated (i.e. released), but that ANY proceeds from any sales be paid to: Bank of America, 10 Light Street, Baltimore, MD 21202 Account name: Miles and Stockbridge P.C. Account number: 00 200 382 2806 (Escrow). We intend to challenge this condition immediately - hopefully Tuesday / Wednesday (11th / 12th July). Judge Garbis appears to be on our side, but since this was a 'Friday afternoon' judgement he has allowed Base Metals a little more time to try and prove we were involved in some 'fraud'. The Judge told their lawyers that he could see NO indication of any such evidence and that they had to 'put up or shut up' MTS The information contained in this e-mail message and any files transmitted with it are confidential and may be legally privileged. It is intended only for the addressee and others authorized to receive it. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient you are advised that you have received the e-mail in error and that any disclosure, copying, distribution or action taken in reliance on the contents of the e-mail and it's attachments is strictly prohibited and may be unlawful. Please advise the sender immediately if you are not the intended recipient. ************************************************* This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s), and may contain confidential and privileged information. If y
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