top of page
Articles



Marktenhof exposes a structural gap in financial enforcement
A recent ruling by the ‘Marktenhof’ (Court of Appeal) highlights a critical gap in Belgium’s financial enforcement system. Minority shareholders challenged a decision by the financial watchdog FSMA, but were denied a substantive review. The court held that it lacks jurisdiction to reassess the case on its merits. The outcome raises serious concerns about accountability and judicial oversight in market abuse cases. Palace of Justice of Brussels A controversial FSMA decision In
Apr 23 min read


The Korea Zinc Case: When Strategic Investments Meet Legal Uncertainty
Korea Zinc's ambitious $6.6 billion plan to build cutting-edge smelting infrastructure in the United States represents exactly the kind of investment Washington seeks. The strategy is clear: extract critical minerals domestically, reduce reliance on Chinese supply chains, and secure Tennessee's zinc operations as the foundation for American mineral independence. On paper, it's a win-win. In reality, it may be built on contested legal ground. A Foundation Built on Disputed Own
Apr 12 min read


Korea Zinc's $6.6 Billion Question: Does Trafigura Actually Own What It's Selling?
After acquiring Nyrstar’s U.S. assets from Trafigura, Korea Zinc is planning to invest $6.6 billion in building a state-of-the-art smelter allowing it to extract critical minerals. The operation includes acquiring Nyrstar's Tennessee mines and smelter from Trafigura, alongside the U.S. This in an effort to allow the U.S. to regain independence from China in the critical minerals market. But there's a critical risk: Trafigura may not be legally in position to sell what it inte
Feb 243 min read


Decision of the FSMA Sanctions Commission in the Nyrstar case challenged before the Market Court
The Market Court recently received a petition for the annulment and reform of the decision of the Sanctions Commission of financial watchdog FSMA in the Nyrstar case. The commission had found Nyrstar NV guilty of market manipulation. The company was fined €80,000, but its board members were acquitted. The commission ruled that there had been insufficient investigation into their individual roles in the manipulation. That ruling is now being challenged. The ball is therefore i
Nov 5, 20252 min read


Belgian regulator says Nyrstar misled market over liquidity before restructuring.
The FSMA Sanctions Commission did find misleading practices at Nyrstar and convicted it of market manipulation related to its liquidity position prior to the restructuring. The other allegations, despite having been thoroughly analyzed for four years by the FSMA Auditor, were dismissed two years later, after six years of proceedings, including five days of closed-door hearings, without even consulting the minority shareholders' union that had been working on the case for more
Oct 16, 20252 min read


Complex Governance Reduces Belgium’s Market Watchdog to a Wagging Puppy
“Together, we can make our societies open for business but closed for crime.” The words of Belgian Prime Minister Bart De Wever at the United Nations still resonate as I work my way through the 146-page decision of the FSMA Sanctions Committee on market manipulation at Nyrstar NV. The Committee’s mandate was clear: to determine the sanctions for four violations identified by the FSMA’s auditor after years of investigation. His exhaustive reports left little doubt that Nyrstar
Oct 14, 20255 min read


Delayed criminal investigation undermines investor confidence
Minority shareholders who suffer huge losses are left waiting for years, while courts, despite their best efforts, lack the resources to...
Sep 23, 20252 min read


Finally, clear language from the Justice Department
Minister Annelies Verlinden is requesting an additional €1 billion for structural investments in her department. Her message is sobering: “ I refuse to accept that the next social tragedies are waiting to happen in the offices of the public prosecutors. To prevent this, we must invest in every link in the chain. And anyone who thinks this money is not necessary should speak up. " Annelies Verlinden - © Belgian Presidency of the Council of the European Union / Julien Nizet A w
Sep 14, 20252 min read


Inertia as a tactic: Trafigura's ‘Belgian Torpedo’
The wheels of justice turn slowly – too slowly – and this undermines the credibility of the rule of law. In an opinion piece in De Tijd,...
Jul 18, 20252 min read


The Nyrstar case: can justice still be done?
‘It seems that the justice system wants to send a strong message to politicians’, this week in Trends Tendances. Does the justice system...
Apr 7, 20251 min read


Trafigura to Pay $126 Million and Plead Guilty to Brazil Bribes
"Trafigura Group will pay $126 million and plead guilty to US charges related to bribery in Brazil, in the latest case involving...
Mar 27, 20251 min read


Nyrstar again under fire from FSMA for truncated communication
Here is the truth: the criminal investigation in Brussels into Nyrstar was closed solely due to a lack of resources, and the verdict...
Mar 21, 20251 min read


Nyrstar owner Trafigura convicted of corruption
It is hereby (once again) confirmed: Trafigura, the international commodities trader that hijacked the assets of Belgium's industrial...
Jan 31, 20252 min read


The stock market regulator FSMA recently reprimanded the listed company Nyrstar in a letter.
Pleadings were held yesterday before the Turnhout District Court for the appointment of a provisional administrator at Nyrstar NV. The...
Jan 10, 20252 min read


Court adjourns decision on appointment of administrator for Nyrstar
The court in Turnhout has postponed the appointment of a provisional administrator for Nyrstar pending the results of the investigations...
Jan 9, 20251 min read


Singapore-Based Trafigura Group Hit by Multiple Scandals
The post published by the well-known whistleblower Julie O'Connor confirms once again that Trafigura is under scrutiny by regulators in...
Jan 6, 20252 min read


When crimes are no longer under investigation
Isabel Albers writes in De Tijd: 'We should not accept that our police and judicial systems are so dysfunctional. The judicial system is...
Dec 21, 20242 min read


Unmasking Corporate Corruption at Trafigura: A Tale of Blurred Values and Deceptive Practices
The recent landmark bribery trial involving Trafigura 's former COO, Mike Wainwright, sheds a disturbing light on the inner workings of...
Dec 10, 20241 min read


Trafigura’s Bribery Case Puts Commodity Trading Culture on Trial in Switzerland
A landmark trial is set to shake the global commodity trading industry as Trafigura Group and its former chief operating officer face...
Dec 2, 20242 min read


Mithra, Biocartis, Nyrstar: are small shareholders being abandoned?
This is a great victory in our fight for better protection of minority shareholders in Belgium! Today marks an important milestone in our...
Nov 26, 20242 min read
bottom of page
