Recasts, adds legal arguments, paragraphs 2-4, 8-11
.
NEW YORK, Sept 9 (Reuters) - The U.S. government said on Monday it may get involved in a dispute over whether Argentina should give up its 51% stake in oil and gas company YPF YPFDm.BA to help satisfy a $16.1 billion court judgment.
In a letter filed with the U.S. District Court in Manhattan, the U.S. Department of Justice said it is "actively considering" whether to file a so-called statement of interest, which it can file when a case touches on its sovereign interests.
Argentina is appealing U.S. District Judge Loretta Preska's decision last September to award two investors, represented by litigation funder Burford Capital BURF.L, the $16.1 billion.
The judgment arose from Argentina's 2012 seizure of the 51% YPF stake held by Spain's Repsol REP.MC without tendering for shares held by minority investors.
Burford is expected to receive 35% and 73% of the investors' respective damages, and asked Preska in April to force Argentina to cede the YPF stake to partially satisfy the judgment.
The Justice Department said it should know whether to get involved by Nov. 6, the day after the U.S. presidential election, and asked Preska to rule on the YPF stake until it decides.
Argentina, Burford and YPF did immediately respond to requests for comment. The U.S. Attorney's Office in Manhattan, which submitted Monday's letter, did immediately respond to similar requests.
Burford argued in April that a turnover of the YPF stake was justified by Argentina's "many years of structuring its assets to avoid enforcement" in the -year-old case.
It also said such a move was permitted under a commercial activity exception to the Foreign Sovereign Immunities Act.
Argentina rejected Burford's arguments in May, saying giving up the stake would violate Argentine law and be an "impermissible affront to Argentine sovereignty."
YPF, meanwhile, asked Preska last month to thwart any alleged effort by Burford to hold it liable as Argentina's "alter ego" for any of the $16.1 billion judgment.
(Reporting by Jonathan Stempel in New York; Editing by Tomasz Janowski and Emelia Sithole-Matarise)
((jon.stempel@thomsonreuters.com; +1 646 223 6317; Reuters Messaging: jon.stempel.thomsonreuters.com@reuters.))