Don,

The core facts in this case are what they are.

1. KRY is awarded the MOC under a binding contract with VZ.

2. KRY performed its obligations under the contract.

3. VZ did not perform its obligations under the contract.

4. VZ has already locked itself down as to the reason it terminated the MOC -- which is embodied in the resolution passed by the CVG on February 3, 2011 which states that the MOC is unilaterally terminated based on "Crystallex's lack of activity to progress the Las Cristinas Project for more than one year and "... for reasons of opportunity and convenience". It does not alleged corruption, collusion or other malfeasance on the part of KRY.

Certainly, VZ's stated reasons are as transparent as glass. Couple that with the fact that VZ almost immediately thereafter nationalized the entire gold industry which is further evidence of motives distinct from their stated reason for unilaterally terminating the MOC. Any reasonably objective trier of fact is going find for KRY, IMHO.

As for the potential corruption issue, KRY was holder of the MOC for nearly a decade. If there was any corruption that occurred in KRY procurring the MOC (which I seriously doubt), then VZ had more than ample opportunity to investigate the issue. In fact, Carlos Chancellor has been screaming about it for how many years?? The fact is that IF it ever happened, then VZ ratified it. And like I said above, the VZ government's official reasons for cancelling the MOC are now set in stone. Any attempt to change those reasons now would only weaken their already dismal credibility. JMHO.