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Gupta lawyers do not appear at Trafigura fraud hearing

A London court heard that lawyers representing Indian businessman Prateek gupta failed to attend a hearing Monday due to funding problems in a longstanding fraud case brought by commodity traders Trafigura regarding nickel cargoes.

Trafigura of Geneva, a major industrial metals trader and oil company, sued Gupta for $60 million in fraud in February 2023. It claimed that it was the victim in a $600-million nickel cargo scam masterminded by Gupta.

Gupta said that Trafigura employees designed the scheme in the middle of the case, which substituted low-grade materials like scrap with high-grade Nickel.

Trafigura, its employees and the company itself deny any knowledge of fraud.

Preston Turnbull, Gupta’s lawyer, informed Trafigura on Friday and the court that they would be unable to attend Monday’s hearing about the use of documents for a separate arbitration.

Edward Ho, Trafigura's lawyer, said that the Gupta defendants have repeatedly used this excuse throughout the proceedings whenever it suited them. It is without merit.

Preston Turnbull has not responded to a comment request.

Gupta's lawyers told a court in March 2024 that he was out of money to pay his legal fees. In June last year, Gupta switched to Preston Turnbull, a former Mishcon de Reya lawyer.

Ho continued, "The court found previously, and I agree with it, that the Gupta defendants have access to sources of funding."

"Alleged financial issues have been a repeated theme...to justify their failures to meet court deadlines or to comply with court order."

Gupta has been granted several delays to comply with deadlines to disclose documents relevant to his case. The trial is scheduled to begin in November.

Judge Robin Knowles granted Trafigura’s request on Monday to use nine documents revealed by Gupta during the current fraud case for a separate arbitration hearing scheduled to take place next month.

Trafigura is involved in the arbitration case with Axiom Ltd, a Hong Kong-based company, because Trafigura sold a cargo provided by Gupta, but it was later found to not contain nickel. (Additional reporting and editing by Jan Harvey; Sam Tobin)

(source: Reuters)