Saturday, August 2nd 2014 - 04:08 UTC

Griesa orders Argentina/holdouts to resume negotiations and an end to 'misleading information'

US District Judge Thomas Griesa presiding over Argentina's bitter dispute with two hedge funds left the country stranded in default on Friday, ordering it to hold new negotiations and calling for an end to “mistrust”. In a stern tone Griesa slammed the decision by Argentina to defy his order that it pay in full holdout investors and instead opted to default on 29 billion dollars in debt.

 The Judge told Argentina lawyers “to take steps to stop the misleading information being released by the Republic”

“Let's cool down any idea of mistrust,” Griesa said. “What can be trusted is proposals, recommendations. That is what is important.”

Argentina is questioning the impartiality of Special Master Daniel Pollack who has been dubbed as “incompetent”

At the court hearing in New York, Griesa told lawyers for Cleary Gottlieb, which represents Argentina, to “take steps to stop the misleading information being released by the Republic” regarding the battle between investors and Argentina.

President Cristina Fernandez, Economy minister Axel Kicillof and cabinet chief Jorge Capitanich have repeatedly stated that Argentina has met its debt obligations, which Griesa said was a “half truth.”

“The republic has issued public statements that have been highly misleading, and that has to be stopped,” he said.

Griesa has ordered Argentina to pay 1.33 billion dollars plus interest to NML Capital, a unit of Elliott Management Corp, and Aurelius Capital Management, the two leading US hedge funds who were not among those who agreed to accept new bonds after Argentina defaulted in 2002.

The government argues that by depositing 539 million for a scheduled June 30 coupon payment at the Central Bank of Argentina in the account of Bank of New York Mellon, the trustee, it has satisfied its obligation to pay its debts.

Griesa has ordered BNY Mellon not to transfer that money to bondholders that exchanged debt in 2005 and 2010.

“Half-truths are not the same as the truth,” the Judge said in court.

The hearing was called to “clarify where we go from here,” Griesa said, adding “nothing that has happened this week did not extinguish or reduce the obligations of the Republic of Argentina” or removed the necessity of working a settlement“.

”The debts weren't extinguished. There's no bankruptcy, no insolvency proceedings,“ Griesa said. ”The debts are still there.“

Griesa told both sides to continue working with mediator Daniel Pollack, a lawyer one senior Argentine government minister had dubbed ”incompetent“ a day earlier.

Argentina's lead lawyer told the judge the Buenos Aires government had no confidence in Pollack after he released a statement following the breakdown of negotiations, saying the case had become ”highly politicized.“

”The Republic of Argentina believes ... it was harmful and prejudiced to the republic and the impact on the market,“ lawyer Jonathan Blackman said in an exchange that prompted Griesa to tell the hearing that everyone should ”cool down“ about ideas of mistrust.

”Let's cool down any idea of mistrust,“ Griesa said. ”What can be trusted is proposals, recommendations. That is what is important.“

Before Friday's hearing, Argentina's government had said it expected nothing favorable to come from Griesa. It has previously called the federal judge an ”agent“ of the New York hedge funds.

Argentine officials have denied the country is in default since the payment in question is currently sitting in a Bank of New York Mellon account, frozen by Griesa's ruling.

”Preventing someone from paying is not a default,” President Cristina Fernandez defiantly repeated on national television Thursday.


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1 Jay Bee (#) Aug 02nd, 2014 - 04:29 am Report abuse
The Times had it spectacularly wrong yesterday; obviously falling for Argentina's propaganda that they had paid (everyone) but that Judge Griesa was blocking the bank from passing on the payment.

Whether you say you are in default or not President Kirchner, you are in default.
2 Iron Man (#) Aug 02nd, 2014 - 05:48 am Report abuse
And now they want the SEC to investigate whether the Judge has profited from his ruling! So much for cooling it down. I wonder at what stage the US government steps in to protect the reputation of its judiciary from attacks on its integrity by a foreign sovereign nation?

None of this can be doing Argentina any favours in the US, either among potential investors or within government. Clowns.
3 willi1 (#) Aug 02nd, 2014 - 07:51 am Report abuse
ck-gang: ”Argentina is questioning the impartiality of Special Master Daniel Pollack who has been dubbed as “incompetent”.
the most ever incompetent, silly and bullshitting figures in this conflict are ck and her robber-ment , telling lies after lies and filling their pockets as long as possible.
after us the deluge. and this will come surely over them once they have thrown out.
4 downunder (#) Aug 02nd, 2014 - 08:10 am Report abuse
Judge Griesa:
“Half-truths are not the same as the truth,” the Judge said in court.
”The debts weren't extinguished. There's no bankruptcy, no insolvency proceedings,“ Griesa said. ”The debts are still there.“

What part of 'stop telling porkies and pay up now!' does Argentina NOT understand?
5 Voice (#) Aug 02nd, 2014 - 10:02 am Report abuse
Griesa just babbles meaningless nonsense....
...and what part of...'a Sovereign Country cannot go Bankrupt' does Griesa not understand...
...this is the very reason that there are alternatives such as debt restructuring....

“The republic has issued public statements that have been highly misleading, and that has to be stopped,” he said.
.....the judge trying to curb freedom of speech now in other countries....?
....Judge of the World...or senile old bat...take your pick....
6 ChrisR (#) Aug 02nd, 2014 - 11:26 am Report abuse
@ 5 'Voice'

I suggest you change your tag to Think aka The Lunatic of Chew Butt, or are you just the sock puppet we all 'think' you to be spouting all that juvenile garbage.

Judge Grieas has been and still continues to be the target for these crooks to try and deflect the real problem: it's them.

However much TMBOA and the child keep crowing untruths it will not do them any good with people of intellect and cognitive reasoning abilities, so that lets you and the Times out.

Still happy with the 100 lamebrain economists 'backing' you up?

Ha, ha, ha. Grow up.
7 Voice (#) Aug 02nd, 2014 - 11:42 am Report abuse
Do keep up....surely you have seen the latest Economist to back me up...?
As for untruths...?
I do believe it was half truths....
Also only stupid Yanks would misconstrue the meaning of the public statements by the Republic saying that they had paid the debt to the bondholders that had agreed to the restructuring and made it quite clear in supporting statements that this did not include the Holdouts.....
As for being Mr. Think.....unless he is in Scotland then I Think not....I pretty much proved exactly where I was, enough to convince a Scot that lives in the area....
8 Conqueror (#) Aug 02nd, 2014 - 11:44 am Report abuse
@5. What a shame that there are people like you in the world. It's hard to tell how you differ from criminals like Kichner, Kicillof, Timerman and the rest of their filthy, lying, thieving ilk.

Let's take a look at THE TRUTH. Argieland set out to steal. It continued the scam with the so-called “restructuring” where bondholders were given an ultimatum. Accept or get nothing. It should have been paying those who are now referred to as the “holdouts” from Day 1. Instead it decided to use fraudulent litigation to try to avoid payment. It would be in its interest. Twelve years and it's only recently, as it realised it would lose, that argieland has started calling for an international system and body to oversee “restructuring”. A system and body that it would quickly “pack” with its sycophants and the blackmailed. Just as it has done with the C24. And it could tell current and future bondholders that it never loses. So they had better do as they're told.

As pointed out before, argieland HAS NOT paid. It's deposited money in one of its accounts. Money that it could recover in minutes. As Judge Griesa has rightly noted, payment involves the intended recipient actually getting the money. Had argieland acted legally, there would be no problem. Did it think it could actually ignore the court's order and get away with it? It should have deposited something like US$2.9 billion. So that the “holdouts” could be paid at the same time. As the judge ordered.

As for “freedom of speech”, that doesn't include “freedom to lie”. Despite all the years, during which the judge undoubtedly formed an opinion of argieland, it was given an opportunity to act responsibly and legally. But it wouldn't. Decades of criminality. The world owes a great debt to Judge Griesa, Paul Singer, NML and Aurelius for bringing this rogue state to account. A fair warning to other states that consider acting dishonestly.
9 downunder (#) Aug 02nd, 2014 - 12:25 pm Report abuse
Griesa just babbles meaningless nonsense....
...and what part of...'a Sovereign Country cannot go Bankrupt' does Griesa not understand...

Now let me see, on the one hand we have the 'voice' of a learned Judge from the US court and on the other a bunch of fuckwit pollies from the deep south who have demonstrably, got their country into a terrible mess and now are trying to discredit the US Judge the US legal system and blame anybody excepts themselves. Whose ‘voice’ should we all believe?
10 yankeeboy (#) Aug 02nd, 2014 - 01:20 pm Report abuse
7. You know as well as everyone else Think is in Scotland and hasn't stepped foot in Argentina since he escaped from his one way free plane ride over the south atlantic.
11 JollyGoodFun (#) Aug 02nd, 2014 - 02:37 pm Report abuse
Exactly - it beggars belief how many other peoples/nations fault this has been but that of the Argentine government.

It's great that the US is applying the rule of law to the situation to force the hand of liars, thieves and thugs. I'm surprised that the Argentine government were described as producing half truths rather than complete works of fiction.

Good on the US legal system, good on judge Griesa, and poor form Argentina (seriously poor, but not unexpected).

Hopefully, and I pray, this wakes up the Argentine population to seek competent government in future, and to change the culture of the institutions and governing bodies that influence the spirit of the nation.
12 ilsen (#) Aug 02nd, 2014 - 02:45 pm Report abuse
The Arg. Gov. is publishing its lies and half-truths in advertisements in the US press. I have no idea what it hopes to achieve by doing so.

The judge is not trying to curb freedom of speech in other countries. He is advising against contempt and defamation.
13 yankeeboy (#) Aug 02nd, 2014 - 03:22 pm Report abuse
12. Actions have consequence, it is something Argentinians have never learned.
14 Monkeymagic (#) Aug 02nd, 2014 - 07:43 pm Report abuse
Argentinas government EXIST on the half truth, it is their only method.

“The Falklands were usurped on January 1833 when the Argentine authorities/population was expelled by British force”


“the Falklands were reclaimed in January 1833 when 50 Argentine militia who had arrived only 50 days previously, had already mutineed, murdered and raped, were peacefully requested to leave the islands”

It's amazing how misleading a half truth can be....LOL
15 ilsen (#) Aug 02nd, 2014 - 10:39 pm Report abuse
This maybe a 'wake-up call' I hope.
They need this lesson.
16 Voice (#) Aug 02nd, 2014 - 10:44 pm Report abuse
I agree it's amazing how misleading a half-truth can be.....
The British Government has been in no doubt whatsoever that British claims to sovereignty are absolute and cannot be challenged.

“I have perused the papers respecting the Falkland Islands. It is not clear to me that we have ever possessed the sovereignty of all these islands.”
Duke of Wellington 1829
17 ilsen (#) Aug 03rd, 2014 - 01:57 am Report abuse
Have you actually read the article?
Nothing to do with the Falklands. So more whattabourtery from you.
Try commenting on the article rather than pushing your crap agenda, what ever that is.
Time waster. Just retire.
18 Enrique Massot (#) Aug 03rd, 2014 - 03:01 am Report abuse
Axel Kicilloff, a 'kid with no tie', who debated face to face with the world's economical powers without flinching should run for president in the next election.
19 golfcronie (#) Aug 03rd, 2014 - 08:10 am Report abuse
Debated? He doesn't know the word exists, demanded now thats a word he knows. Totally out of his depth, so yes, a good contender for the Presidency of Argentina.
20 Voice (#) Aug 03rd, 2014 - 08:58 am Report abuse
See @5
See @14
See @16
See the relevance of half-truths to the article..
See yourself out...numpty...
21 ilsen (#) Aug 03rd, 2014 - 11:07 am Report abuse
22 Conqueror (#) Aug 03rd, 2014 - 01:30 pm Report abuse
@16. Doesn't really matter now, does it? 1982. War. Uti possidetis. Get it?

Doesn't really matter whidh dick you are either.

Go lose yourself!
23 golfcronie (#) Aug 03rd, 2014 - 05:22 pm Report abuse
It doesn't matter what Wellington said in 1829, we have it and we will keep it, unless of course someone can PROVE otherwise. All the talking has been done.
24 screenname (#) Aug 03rd, 2014 - 11:35 pm Report abuse

Wellington didn't understand. At some point maybe someone explained it to him. Who knows?

We do know he asked for clarification, and the Falklands are still a BOT, which suggests someone might have enlightened him even if it is not documented.

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