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@Jkylebass I totally agree with you, Kyle. China's state-orchestrated espionage campaign against the U.S. is covered well by David Shedd & Andrew Badger in their expose book THE GREAT HEIST, CHINA'S EPIC CAMPAIGN TO STEAL AMERICA'S SECRETS
Ty retweeted
BREAKING: Former Commander US Army Pacific Gen. Charles Flynn EXPOSES CCP’s Stealth War on America; Says President Trump’s Venezuela Raid Was a WARNING SHOT to Our Enemies And Explains Why United States National Security Strategy MUST Prioritize Asia
I recently sat down with Gen. Charles Flynn, a retired 4-Star General who said the Chinese Communist Party operates a network of “hard spies” inside the US that exploits 300,000 Chinese students, has already infiltrated Alaska military bases with cameras and drones, and intentionally poisons American youth with fentanyl.
Our full interview goes in depth on the Chinese cyber attacks Salt Typhoon & Volt Typhoon, the importance of American control over rare earth minerals, emerging threats in the Arctic, and more.
FULL TRANSPARENCY: Our interview with Gen. Charles Flynn was recorded prior to Operation Epic Fury.
Straight to the Point: CCP's Stealth War on America
00:37 China, US relationship will define this Century
01:10 China’s cyber strategy to disrupt, delay, deny US military operations
03:19 Chinese Communist Party’s spy network inside the US
04:29 Flynn: Chinese spies infiltrate Alaska base
06:23 Canada: China uses commerce for coercion
08:02 Rare Earth Minerals: China dominates physical separation
09:34 Venezuela: Operation showed US will not tolerate narco-trafficking
10:22 Venezuela: Foothold for Iran, Russia and China 10:37 Maduro raid: PhD level Joint Operations
13:01 President Trump’s use of hard power: Global deterrence
14:01 Must do a better job calling out CCP: COVID
14:59 China’s Communist Party used Fentanyl precursors to “harm” a generation of Americans
18:48 Pivot to Asia: US can’t decouple from China
19:27 Flynn: What it means to continue to serve
21:02 Independent Journalism
@thelatmg @latimesstudios_
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Federal police search West Perth office of $AVZ thewest.com.au/business/mini…
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$avz
It’s the drc fault
The USA will save us
We have done nothing wrong
Lucky we all at Hamilton island drinking pina colada
Thank you for listening #corruption
An incredibly informative Angevin Talk between Anna El-Erian and Tai-Heng Cheng at Queen's College, discussing international arbitration, geopolitics, and the interaction between law and AI
youtube.com/live/YJKTmkgfp4M… via @YouTube
#RDC #lithium @asicmedia @asx @AvzMinerals @NFerguson2014 @bjcohen1979 @ChaneyforCurtin @AustralianLabor @ABCaustralia @moneyofminepod @Paydirt_Media #batterymineralsconference
If ASIC and the ASX continue to ignore warnings about AVZ misconduct from shareholders and market participants, AVZ shareholders are at risk of being backed into a corner and lashing out at those responsible in government for oversight.
⬇️⬇️
ALT AVZ - NONE OF THE BELOW FACTS WERE DISCLOSED TO THE ASX
Ty retweeted
DRC's Ministry of Mines appears to contradict $AVZ latest statement, said no lines of communication reestablished b/w govt and AVZ since presidential election in the resource rich nation, AVZ shareholders suffered a $2.8b paper wealth wipeout earlier this year
@asicmedia @ASX @acccgovau @LawyersWeekly @ChaneyforCurtin @BoatmanCapital @OmniBridgeway @KiengeKki #DRC $AVZ
Regulator on the sidelines, watching the game play out. Players are certain to get hurt. When do they blow the whistle?
It's interesting considering the position of a regulator. At which point should they step in. How far would the company need to go to justify immediate action from the regulator to protect investors?
- Non-disclosure of material information?
- Execs dispose of shares before the release of that material information?
-Delisting of company and stranded investors?
- Paying influencers to spread misinformation on X and bully individuals who ask questions?
- Misleading investors at scale with untruthful presentations at investor conferences… then deleting the video records from the web
- Raising money from retail investors whilst deliberately masking the truth…
How many prior warnings would the referee require before they halt play?
What scale would the loss need to be?
$100m…or a $4.4B wipeout
How many people need to be harmed?
Fifty… or maybe 22,000 shareholders
Your average Aussie mum and dad is ready to invest their hard-earned savings. The referee knows the game is rigged, but when do they blow the whistle and save the day?
@asicmedia Letter sent from $AVZ Managing Director Nigel Ferguson to DRC Prime Minister on July 30, 2024:
Although meetings were organized with the highest government authorities, between May 24 and 26, 2024 with DRC delegated lawyers from Ministry of Justice and Ministry of Mines in Brussels and on June 21, 2024 with the Head of Business Climate Cell and his team in Kinshasa, we regret to note the lack of progress on the draft MoU.
And …
We were shocked to learn that, on July 26, 2024, Manono Lithium SAS (a joint-venture between Cominière and Jinxiang Lithium Limited, a subsidiary of the Zijin Group)’s application for a mining license (permis d’exploitation), i.e., to convert the exploration permit no. 15775 (permis de recherche) into an operating permit, had been approved (see Appendix 1).
And …
The Minister of Mines is obviously fully aware of these decisions, but seems to think he can sanction violations of the injunctions against the Democratic Republic of Congo and Cominière on the grounds that "the defense team, under the coordination of the Ministry of Justice, is busy drafting briefs to be filed with the Arbitral Tribunal by July 31, 2024 at the latest", blatantly ignoring the fact that these injunctions do not relate to the merits of the case.
We therefore question the effectiveness of such talks if, in the meantime, the Congolese authorities continue to support Cominière in the development of the Manono Project to the exclusion of the AVZ group, in defiance of decisions handed down by international arbitration authorities.
TWO DAYS LATER…
Email from AVZ Managing Director Nigel Ferguson to AVZ shareholders on August 1, 2024:
Dear Shareholder,
I am currently telephoning shareholders to provide a one on one update on discussions with the DRC Government and the legal actions pending for AVZ.
As you will be aware, AVZ is running out of funds and we are in the process of securing extra funds to support the ongoing corporate and legal costs of the company.
(translation… we are raising funds)
A resolution is near at hand given the mounting pressure on the DRC Government from both the ICC and ICSID proceedings…
Umm…Nigel, could you please help me understand how:
On July 30, 2024 you noted:
- the lack of progress in negotiations with the MOU
- the conversion of Manono Lithium’s exploration permit no. 15775 into an operating permit, effectively closing the door on AVZ participating in the development of the mine
- that discussions were ineffective and going nowhere
Yet, just two days later, you represent to investors that “a resolution is near at hand”
#DRCongo #Manono #lithium @AvzMinerals @KiengeKki @moneyofminepod @ASX @ASIC_Connect
Several $AVZ investors have reached out asking my thoughts on Nigel’s recent email to shareholders on 1 August 2024, and whether the situation is salvageable.
While a swift resolution of the AVZ dispute would be ideal for the 22,000 shareholders currently stranded in AVZ, Nigel’s email raises several concerns regarding the recent developments in the ICSID proceedings.
The #DRC government's filing of the Statement of Defense (SoD) is a critical event. This document outlines their defense strategy and highlights the key issues that will be considered by the tribunal.
It’s possible that Locke Capital may have been delaying their investment decision whilst they analyze this recent filing, which explains a lot. Shareholders considering a further investment in AVZ would be wise to exercise caution and consider postponing any further investment until there is a clear indication of Locke Capital's confidence in AVZ's claim.
At the very least, before advancing funds, shareholders ought to request a copy of the SoD. The SoD is crucial for understanding the DRC government's perspective and assessing the potential risks and overall strength of AVZ's legal position.
In his email, Nigel states “a resolution is near at hand given the mounting pressure on the DRC Government from both the ICC and ICSID proceedings''. This statement is problematic for two reasons. The first is that it's completely misguided. The next step in the ICSID process requires AVZ's lawyers to file a reply to the SoD, shifting the pressure onto AVZ. This process can be lengthy and costly, taking up to 90 days and potentially costing between USD $300k-$500k. It's doubtful the DRC govt would settle immediately after filing the SoD, especially when they can wait for AVZ's response.
The second is AVZ’s dire financial position. Nigel's admission that AVZ is "running out of funds'' weakens their negotiating position and raises questions about the DRC government's incentive to settle. A ‘wait and see’ approach seems like the most risk-free strategy for the government at this point in time.
I am not going to comment on AVZ’s In-country Legal Update. It’s too early to tell whether there is a connection between AVZ switching counsel and any potential counter-claims presented in the SoD. The allegation of the misappropriation of funds from the escrow account is less concerning, as forensic accountants will almost certainly be able to follow the money, and identify the thief. With government cooperation, this issue could be fully understood within a matter of weeks, if not days.
#AVZ $AVZ shareholders deserve clear answers regarding the company's $4.6 billion collapse. To begin shedding light on this situation, here are five essential questions that need to be addressed:
1. How did AJN Resources (with Nigel as the second largest shareholder) initially acquire the north of PR 13359, only to be later replaced by Zijin?
2. What are the details surrounding the substantial fees paid to Marius Mahigo, Jean-Marcel Kabeya, and the $5 million in "legal fees" within the last six months of 2023?
3. Why has Nigel fallen out personally with every key decision maker?
4. How will this expensive avalanche of litigation help restore title, the most critical objective?
5. What were the reasons behind the May 9, 2022 trading halt, followed by permanent suspension and delisting? Was this truly in the best interest of $AVZ shareholders, as the board claims?
AVZ shareholders deserve transparency and accountability.
@asicmedia @ASX @KiengeKki @AvzMinerals #DRCongo
Ty retweeted
Neuralink is accepting applications for the second participant.
This is our Telepathy cybernetic brain implant that allows you to control your phone and computer just by thinking.
No one better than Noland (@ModdedQuad) himself to tell you about the first!
Ty retweeted
US may ease Dan Gertler's sanctions if he sells his royalties for some of world's best copper-cobalt projects & agrees to audit. US says best solution to impossible problem. "Rewarding corruption," says civil society. No word from Gertler. bloomberg.com/news/articles/… via @bpolitics
Deboss, do you realize that by promoting misinformation you are harming your fellow $AVZ shareholders. They ought to be furious with you. It's hard enough as it is to wade through the rare and misleading AVZ announcements to form a view, and all you have done is make that harder for them. As you know, Fat Tail have no affiliation with James Mitchell or his offer, and you know this because James Mitchell messaged you directly and told you just that. Shareholders deserve the truth and accurate information to make informed decisions. Perhaps, consider having the courtesy to reach out and ask Fat Tail next time before jumping on X and spreading yet another rumor. There has already been way too much shooting from the hip in the AVZ saga. We have been told you are a clever guy and of decent character, which makes your recent behavior baffling. In the past week alone, you have actively promoted and endorsed bullying by falsely claiming that Leonard Math was "Tolate", you have peddled a nonsensical analysis of the benefits of delisting to other AVZ shareholders, particularly considering when the ASX delisted AVZ for failure to comply with their continuous disclosure obligations and AVZ urgently sought a trading halt (and then the suspension) when AJN picked up area in the north that AVZ relinquished. You have also made several promotional posts suggesting something "good" is "just around the corner", which is, as far as we can tell, completely unsupported by facts, and you have just now falsely accused Michael, Peter, and I of manufacturing a low bid to create fear amongst AVZ shareholders. Complete nonsense. I understand Nigel's motives for manipulating the narrative, but I'm perplexed by your willingness to risk your reputation by engaging in these reckless, irresponsible, and deceitful actions. While this may be a game to you, as you can afford a loss on AVZ, many other shareholders could face financial devastation if things go further south and this debacle is not turned around. If you and other shareholders want any hope of recovering your investment, this false narrative needs to stop. The public bullying and harassment from Nigel's loyalists, like when I raised concerns about Dathcom shares, is unacceptable. You and others immediately spread lies and misinformation, and launched personal attacks against me and my family, even harassing female members who have nothing to do with our efforts to address the growing mess caused by Nigel Ferguson's incompetence. After my inquiry about Dathcom, we promptly provided factual documents to support our concerns. Finally, Deboss, I was taught that staying silent in the face of bullying is as cowardly as the act of bullying itself. There is nothing "BOSS" like about your behavior this past week.
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The DRC government has unequivocally stated that it will not negotiate with Nigel. It's baffling that Nigel refuses to step down and prioritize shareholders' interests over his own misplaced ego. This is especially outrageous considering the unwavering support AVZ shareholders have shown Nigel during the company's two-year suspension. @NFerguson2014 could easily resign and allow the AVZ board to choose his successor. This is the essential first step towards AVZ shareholders having any chance of recouping their investment and it needs to happen immediately. No third party will partner with Nigel given his history of frivolous spending and poor track record at resolving disputes.
AVZ Shareholders should read the agreement which was attached to the ASX Announcement very carefully. The Dathcom JVA was terminated for serious and consistent breaches, only after sending $AVZ a formal notice to fulfill its contractual obligations. The judgement in RC 3815/RH 0242 dated 03 May 2023, confirmed a serious breach, and affirmed Cominiere’s right to terminate the JVA, and ordered the return of PR 13359 to Cominiere. This is not some complex conspiracy (involving hostile state and non-state actors), but rather a simple question of contractual law. Did Dathcom/AVZ fail to fulfill its contractual obligations under the JVA or not? If it did, Cominiere (as the Kalemie High Court for example confirmed), has the right of termination and the return of PR 13359. If that is correct at law, Cominiere is free thereafter to do what it wishes with PR 13359, including entering into a JV with Zijin in the north, after AVZ relinquished the north. Surely, as a bare minimum, AVZ deserved a detailed and factual account of all Dathcom/AVZ’s alleged serious breaches and how AVZ responded to the formal notice, so that the AVZ shareholders can assess their own risk.
The final paragraph of the ASX Announcement confirms AVZ’s preference is to achieve a negotiated settlement. Well, of course it is-International Arbitration against the DRC government will achieve nothing. At best some form of monetary award years down the track will be unrecoverable as the DRC has no significant assets offshore. Nigel’s much promised imminent MOU (leading up to the 2023 AGM) never happened, because he has irrevocably offended the DRC and they would not negotiate a resolution with him. That remains unchanged. That put simply is the AVZ’s shareholders dilemma.
static1.squarespace.com/stat…
Simon & Clive. Thank you for your questions. I can understand your confusion/misunderstanding as this is what AVZ’s disclosure policy (or lack thereof) has caused.
The arbitration clause addresses these issues :
3 arbitrators
Place of arbitration - Paris
Applicable law - DRC
Language of arbitration and award is French and all documents to be written in French.
So the governing law of the contract-JVA is DRC law.
This is the critical point. Tribunal’s are careful when domestic courts have already ruled on specific matters, particularly criminal matters, such as fraud, etc.
Normally, where there is an arbitration clause and a matter is brought before a domestic court, the court is petitioned to stay the hearing pending the arbitration, to avoid forum shopping, etc. AVZ/Dathcom and the Manono Project have been involved in some 20 or so domestic cases, which were not stayed, and decisions handed down which were adverse to those parties interests.
Ty retweeted
@asx @asicmedia @AvzMinerals $AVZ @KiengeKki
It's just not fair and I hope this isn't true, because it would be a kick in the guts to AVZ shareholder's that are hurting right now and staring down the barrel of being stuck in a delisted company. An anonymous tipster provided details suggesting another AVZ executive, or his associate disposed of 250,000 AVZ shares on or around the 25th November, 2021. As we previously highlighted, two other Directors and Officers of AVZ chose to sell their shares before the impending suspension, which I'll recap:
Mr Graeme Johnston - Technical Director
- On January 21, 2022, shortly after the December 21, 2021, judgment in Lubumbashi found Mr Johnston guilty of forgery
- An appendix 3Y Notice was filed on behalf of Mr Johnston, disclosing the sale of 753,000 shares at an average price of $0.865
- It’s important to note that this sale took place before AVZ made any announcement regarding the High Court’s ruling
Mr Jan de Jager - CFO
- Separately, Mr Jan de Jager sold all of his AVZ shares (1,917,500) during the fiscal year ending on 30 June 2022
- This sale evidently occurred before AVZ’s shares ceased trading on May 9, 2022.
Returning to the new information, the tipster provided screenshots showing that the holder of the stock shares the same surname as Ben Cohen, and that an email address associated with Ben was listed as the contact. If the trade relates to an associate of Ben Cohen, this could be problematic. And unfair. Given the Dathcom judgement relating to Graeme Johnston was issued in December 2021, it's hard to assume Ben would not of had access to the material information AVZ was sitting on but had not released to the market and other shareholders.
This is hopefully an innocent coincidence, and I invite Ben Cohen to reply and explain, so we can clear this mess up and quash this rumor.
(Ben Cohen seems to have coincidentally left twitter in the past week, so tagging his mates Jan de Jager @x2cons and @NFerguson2014 so they can let Ben know)
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@Investinmining @LawyersWeekly @BoatmanCapital @Sanegeist @FatSharkTraders @LaRsDrank $AVZ @NFerguson2014 @DLA_Piper
I am please asking for help. @AvzMinerals Managing Director, Nigel Ferguson presented at the 121 Mining Conference on May 10, 2022. All published copies of the youtube video have been deliberately removed. HC users speculate at the direction of NF's legal team.
We have a partial copy but are seeking the full presentation. The representations Nigel made during this presentation are significant because of the preceding events below.
@asx @asicmedia SURELY NIGEL DIDNT SAY ITS TICKETY BOO AND BUSINESS AS USUAL? WAIT HE SAID WHAT?...🤫🤫🤫🤫🤫
-03 March 2022 Directorate of Mines advises that the feasibility study (FS) did not evaluate the resources in the North, and that the review has been suspended. -28 March 2022 CAMI wrote to the Minister and Dathcom, attaching a draft order refusing the mining license (ML).
-28 March 2022 AVZ/Dathcom receive an unfavourable technical opinion on their DFS/ mining license application which tried to cover the whole of PR13359 (Dathcom had not calculated the resources in the North or evaluated the resources in the North). -01 April 2022 AVZ/Dathcom lodges a new ML application but now, for only the South.
-01 April 2022 AVZ and Dathcom’s Deputy GM Balthazar Tshiseke files a Partial Renunciation Form 8196 with CAMI renouncing Dathcom’s interest in 82 ‘squares’ of the northern portion of the Manono project (PR13359). -Ferguson is a director of AJN at the time of the renunciation.
-05 April 2022 Dathcom is advised of a favourable opinion on the renunciation.
-06 April 2022 A favourable technical opinion is confirmed, but now only for the South (the non-renounced area).
-07 April 2022 Minister of Mines issues the Ministerial Decree of the partial renunciation, making it legal and irrevocable. This area is now no longer part of the surviving PR13359.
listcorp.com/asx/avz/avz-min…
teapaw.org/DominicFurfaro/s…
teapaw.org/indasolo/status/…
hotcopper.com.au/threads/ann…
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$AVZ 121 Mining Investment Cape Town May 2022
#Manono #DRC #AVZMinerals
youtube.com/watch?v=IUsmx4Z6…
$AVZ Top 3 Directors Remuneration:
Nigel Ferguson $6.9m
Graeme Johnston $5.0m
John Clarke $3.4m
Total $15.3m
source: AVZ Annual Reports 2018-2023.
Net Result: Loss of Title and Delisted.
announcements.asx.com.au/asx…
