The administration must decide whether to back a foreign government against a group of U.S. hedge funds and other investors who bought Argentine debt, some of which was purchased at a steep discount after the country defaulted in 2002. Argentina says that if the case goes against the country, the investors stand to gain more than $1 billion in profits.
The hedge funds, led by a firm controlled by major GOP donor and billionaire Paul Singer, have been fighting in U.S. courts to force the South American nation to repay what the investor group views as the fair value of the debt. Argentina has reached a settlement agreement with most bondholders to repay a portion of the debt, but Singer and others object to the deal.
Forcing sovereign nations to repay their overdue debts is a controversial topic in the developing world and in the halls of U.S. government agencies. Bondholders who buy defaulted debt at a discount are often derisively called “vulture capitalists” for trying to profit from the financial woes of struggling nations.
At the appeals court level in New York, the Justice Department took the side of Argentina on several issues. The Argentines fared poorly in the lower courts. The department is now weighing whether to file a brief at the Supreme Court focused on defending the concept of sovereign immunity, which gives nations protection from lawsuits, according to people familiar with the Friday meeting.
Justice Department spokesman Peter Carr declined to comment on the case.
The bondholders’ lawsuit is called NML Capital v. Argentina, named after a subsidiary of Elliott Management, Singer’s hedge fund. The subsidiary paid $48 million in 2008 to purchase Argentina’s debt and is now part of a group of 19 investors insisting that the country repay $1.44 billion, including interest, according to Argentina’s court filings.
Jay Newman, senior portfolio manager at Elliott, called the Argentine numbers “a complete fabrication” and said the country has a history of providing inaccurate economic statistics to the U.S. government and others.The investors group declined to provide its own estimates.
In addition to filing their lawsuit, the bondholders have launched a global public-relations war targeting Argentina. Recent ads in The Washington Post and other newspapers depict Argentina as thumbing its nose at U.S. laws, providing a haven for narcotics traffickers and forming dangerous alliances with Iran.
The investors also are getting help from Congress. In a July 10 letter to Attorney General Eric H. Holder Jr., 10 Republicans and two Democrats from the House urged the Justice Department not to side with Argentina in the case.