(Adds total fines for Batista, decision and fine related to oil company OGX, likely time for appeal)
By Stephen Eisenhammer
RIO DE JANEIRO, March 18 (Reuters) - Brazil’s securities regulator fined former billionaire Eike Batista 1.4 million reais ($432,000) for failing to promptly let investors know about a takeover and the delisting of parts of his once-giant EBX energy, mining, port and shipbuilding group.
The regulator fined Batista 300,000 reais ($93,000) because responses to media reports about a takeover of MPX Energia SA by Germany’s E.ON SE were not clear enough and 500,000 because he did not keep the market properly informed about the delisting of his port operation and harbor real-estate company LLX Logística SA. MPX’s name was later changed to Eneva SA.
He was also fined 300,000 reais for not properly informing the market about a potential delisting of coal mining company CCX Carvão do Colombia SA and 300,000 reais for failure to properly inform investors about the sale of assets at oil company OGX Petróleo e Gás Participações SA
Batista did not attend the hearing in the crowded 34th-floor CVM auditorium with a broad view of Rio de Janeiro and its famous mountains and bay for which he became poster-boy during a decade-long Brazilian commodities boom.
The judgments, among the five related to Batista’s EBX group on the CVM docket Wednesday, Batista’s lawyer, Darwin Correa, said he would appeal the decisions and fines. Correa said such an appeal usually takes about two years.
Most of the CVM complaints stem from the 2013 collapse of Batista’s EBX oil, energy, port, shipbuilding and mining group. Investors have said Batista sold stock in his companies without properly informing other investors of difficulties that cut the value of EBX companies traded on the Sao Paulo stock exchange to nearly zero from a peak of about $60 billion.
The LLX complaint was in relation to a 2012 event.
The regulator also fined Jose Gustavo de Souza Costa, former CEO of CCX, 200,000 reais for failing to properly and timely inform investors of his departure from the company. Other former MPX, LLX and OGX officials were also judged to have failed to provide information in a timely and proper manner.
Some investors also complained about public statements and tweets by Batista that his flagship oil company OGX would deliver good returns even as it missed offshore-production targets.
Only months later, OGX, now known as Oleo e Gas Participações SA, filed the biggest bankruptcy protection filing in Latin American history. Shipbuilder OSX Brasil SA followed soon after.
Batista has also been on trial in criminal court in Rio de Janeiro on charges of insider trading. Those charges have been suspended after the judge in the case was found driving a luxury car seized in the case and after giving a seized piano to a neighbor.
Batista said he was forced to sell the shares as his companies’ share values plunged to pay debts to banks and other investors.
Batista, once Brazil’s richest man, saw his own fortune of about $30 billion almost totally disappear.
$1 = 3.24 Brazilian reais Reporting by Stephen Eisenhammer and Juliana Schincariol; Writing by Jeb Blount; Editing by David Gregorio, Grant McCool and Bernard Orr