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Defense

Angola has until 18 September to respond to Aenergy complaints in court

The ministries of Finance and Energy and Waters have until September 18 to respond to the Aenergy company's indictment in a United States court, according to an order consulted by Lusa.

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Judge Alison Nathan, of the Federal District of the Southern District of New York, signed an order to allow a one month extension to the deadline for reply, after a motion filed by lawyer Marc Rosen, who represents the defense of the ministries of Finance and da Energia e Águas (MINEA), the Public Electricity Production Company (ENDE) and the National Electricity Distribution Company (PRODEL) of Angola.

The case concerns the civil liability process brought by the company Aenergy, owned by Portuguese businessman Ricardo Leitão Machado, and its subsidiary Combined Cycle Power Plant Soyo SA, against the "defendants of Angola" and three corporations of the multinational conglomerate General Electric (GE) , the accuser's former business partner.

The defense of Angola was attributed to the law firm Kleinberg, Kaplan, Wolff & Cohen, located in New York.

The prosecution, for its part, uses the services of the law firm Holwell Shuster & Goldberg LLP.

After the preliminary conference was scheduled for October 30 at the Federal Court in the southern district of New York, the defense asked to change the response deadline from August 18 to September 18, stating that "the plaintiffs are not opposed" .

"Angolan defendants ask for additional time to understand the complicated pattern of facts alleged in the Accusation's 88-page long complaint, which requires translation of contracts and a substantial volume of other documentation and communications, from Portuguese to English," he can read up on the motion.

The extension request was also repeated by the defense of General Electric.

The process concerns 13 contracts signed between Aenergy and MINEA in 2017 for the construction, expansion, requalification, operation and maintenance of power generation plants in Angola.

Aenergy has been involved in litigation with Angola since the Angolan executive terminated last year, several contracts with the company alleging breach of trust due to alleged irregularities, accusations that the company rejects.

In Aenergy 's initial indictment at the Federal Court of New York, filed on May 7, the entire set of "defendants from Angola" is accused of eight crimes, including two crimes of termination of contract, one of illicit enrichment, two of violation of international law (physical and intangible assets) and a crime of illegal expropriation.

In addition, the lawsuit proceeds with two charges against all entities involved (from Angola and GE): complicity in a crime of illegal expropriation, and lack of payments or accountability for "stolen property and profits obtained".

The complaining company seeks monetary compensation of at least $ 550 million and the payment of compensation.

The preliminary hearing must determine, before the prosecution and defense, whether the case is actually going to trial, clarifying the nature of the lawsuit, the reason for the case to be located in the jurisdiction of the southern district of New York, the collection of evidence and the estimated duration possible judgment.

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