$46million lawsuit “resolved”

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DISPUTE RESOLVED: Aoe'e Adolfo Montengro and Amper S.A. Chairman Jaime Espinosa de los Monteros.

DISPUTE RESOLVED: Aoe'e Adolfo Montengro and Amper S.A. Chairman Jaime Espinosa de los Monteros.

A US$20million ($46million) lawsuit brought by former Chief Executive Officer of Amper’s Bluesky Pacific Group, Aoe’e Adolfo Montenegro, Amper S.A, eLandia International and American Samoa-based Bluesky Communications has been resolved.

The decision was confirmed in a statement issued by Bluesky yesterday.

“Amper S.A, eLandia International, Inc., and AST Telecom, LLC d/b/a Bluesky Communications announced today that they have resolved a lawsuit brought by Bluesky’s former President and Chief Executive Officer, Adolfo Montenegro, which had been pending in the High Court of American Samoa,” the statement reads.

The statement goes on to quote Executive Chairman, Clemente Fernández González, as saying: “After nearly a decade of exemplary service, we want to thank former C.E.O. Adolfo Montenegro for his work leading the growth of Bluesky across the Pacific and culminating in this transaction, which will see Bluesky reach new heights under A.T.H. stewardship."  

“We are pleased that the parties have settled all claims to their mutual satisfaction.  We wish Mr. Montenegro success in his future endeavors.”

The statement does not provide the details of the settlement.

It was not possible to get a comment from Aoe’e at press time last night.

But in April 2017, Aoe’e filed a lawsuit against Amper S.A. and its Chairman and Chief Executive Officer, Jaime Espinosa de los Monteros, for US$20 million (T$46million).

The lawsuit also named American Samoa-based Bluesky Communications as a defendant. The lawsuit filed in High Court of American Samoa by Aoe’e accused Espinosa de los Monteros of "breach of contract."

 “We assert and are prepared to prove that Espinosa engaged in fraud and other deceptive conduct while carrying out his duties as President and Chairman of Amper (BME:AMP), which is a publicly-traded Spanish corporation,” Aoe’e said in a statement issued at the time.

 “His unethical and improper conduct has caused me financial and reputational harm for which I seek restitution, while also exposing the Bluesky Pacific Group to legal and possibly regulatory repercussions.”

Aoe’e was the Chief Executive Officer of Amper’s Bluesky Pacific Group, a group of telecommunications companies in the South Pacific, from 2008-2016.

The lawsuit had primarily addressed events that happened at the time, during which Amper agreed to sell its controlling interest in the Bluesky Pacific Group to Fiji-based Amalgamated Telecom Holdings (A.T.H.) for approximately $78.2 million. 

Aoe’e’s management contract was abruptly terminated by Amper on the same day in September 2016 that Amper signed the final sales contract with A.T.H. 

After Aoe’e’s dismissal, he and other local Samoan and American Samoa shareholders sold their participation in the Bluesky Pacific Group to A.T.H.   

The lawsuit alleged that Espinosa knowingly orchestrated a series of deceptions, misrepresentations, and mischaracterizations that culminated in Aoe’e’s abrupt termination from Bluesky. 

The lawsuit claimed that Amper and Bluesky had breached Aoe’e’s contract by refusing to pay him amounts due under his management contract with Bluesky and under a separate agreement with Amper that entitles Montenegro to a percentage-based fee from the proceeds of the sale of the Bluesky Pacific Group.

Aoe’e therefore sought payment of those and other amounts allegedly due, as well as US$20 million in punitive damages, which are awarded under U.S. law to punish egregious misconduct.

 

About the Amper Group

Amper is a multinational Group whose mission is to facilitate the transformation of the market towards new business models, integrating sectoral solutions and communications technology. 

Of clear international vocation and strongly committed to innovative and excellent engineering, it operates in Europe, Africa and Latin America, in the business activities of Communications, Security, Operator, Integration and Industrial. 

Based in Madrid and with a local presence in 10 countries, its shares are listed on the Madrid and Barcelona Stock Exchanges (AMP) since 1986.

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