Showing posts with label law suit. Show all posts
Showing posts with label law suit. Show all posts

Monday, January 9, 2012

Ecuador’s Appellate Court Upholds $18 Billion Judgment Against Chevron

Leading Oil Industry Analyst Says Chevron Should Settle
Other Analyst Says Chevron Is Hiding Its Liabilities In Ecuador & Elsewhere


Based on an overwhelming amount of scientific evidence, Ecuador’s appellate court last week upheld the $18 billion judgment against Chevron for oil contamination in the country’s rainforest.

Immediately following the ruling, the oil industry’s leading analyst, Fadel Gheit, told the Financial Times the lawsuit isn’t going away and the oil giant should settle.

In a January 5th article in the Financial Times, Gheit, an analyst at Oppenheimer in New York, said Chevron should end its misery and pay $2 to $3 billion in a settlement.

He said, “When the dog keeps on barking and barking, eventually you have to throw it a bone.”

We assume Gheit meant no insult by referring to the Ecuadorian plaintiffs as a “dog.” Whether or not a $2 to $3 billion settlement would be enough remains to be seen.

Here and here is more information about the evidence against Chevron and the appellate court’s ruling.

Meanwhile, Chevron continues to withhold the extent of its financial liability not only in Ecuador but also in other parts of the world.

Socialfunds.com, a socially responsible investing web site, reports that Chevron refuses to deal with its terrible corporate governance history and human-rights problems.

Importantly, Chevron also isn’t coming clean to shareholders about its potential liability in pollution lawsuits against it.

Consider an incident in Burma, says Larry Dohrs of Newground Social Investment, a socially responsible money manager. Just before Chevron acquired Unocal in 2005, 13 Burmese plaintiffs won an out-of-court settlement against Unocal that was reputed to be $2.5 million per plaintiff.

And, there may be 5,000 more Burmese plaintiffs out there, Dohrs says. Were they to bring a class-action suit, damages could run into the billions of dollars.

However, Dohrs writes, “even the potential amount of that claim pales,” compared to Chevron's liability in Ecuador, with the $18 billion judgment staring it in the face. Chevron dumped billions of gallons of waste byproduct and oil into the water and soil and burned hundreds of millions of cubic feet of gas and waste oil into the atmosphere.

Chevron, socialfunds.com reports, tells investors it will ultimately prevail and there’s nothing to worry about. 



That doesn’t add up for the critics. “To continue to say there is no merit and we're not going to end up paying anything is a completely unrealistic approach for management," Dohrs said. "But that continues to be the story they tell shareholders. We're very worried that that's not accurate." 



As evidence, Dohrs cites Chevron Deputy Comptroller Rex Mitchell, who said in a court affidavit if plaintiffs seized company assets to pay damages, it “would disrupt Chevron's supply chain and operations” and “damage Chevron's business reputation as a reliable supplier.” 



Mitchell's statement was revealed last year in a report by Simon Billenness and Sandford Lewis.

As a result, Trillium Asset Management, a $1 billion asset management firm, asked the U.S. Securities and Exchange Commission in May to review "whether Chevron has appropriately disclosed to shareholders the scope and magnitude of financial and operational risk from a recent adverse legal judgment in Ecuador." 


Now Chevron faces fines and lawsuits from a November spill off the coast of Brazil that could run to additional billions of dollars and criminal prosecutions.

When is Chevron going to come clean environmentally? And when is it going to come clean with its shareholders?

Thursday, April 15, 2010

Chevron – Produce The iPhone & Evidence Your Contractor Has

A Chevron contractor in Ecuador, Diego Borja, claims the company cooked evidence and created dummy corporations to process laboratory samples – all in an effort to avoid a judgment in a large environmental trial.

Diego Borja

Chevron’s response: No comment.

But that’s just not good enough. Chevron should answer the explosive questions raised by Borja and turn over any evidence that Borja has regarding the lawsuit filed by Ecuadorians living near and, in some cases, on top of oil pits filled with toxic chemicals that were left in Ecuador by Texaco.. (See other posts on The Chevron Pit that feature people living near the pits who have died from cancer.)

Borja says he has the proof of his allegations on his iPhone and in documents stored in Ecuador. Borja says his wife, Sarah Portilla (also a Chevron contractor), knows everything as well. More details about the damaging evidence

In fact, Borja’s relationship with Chevron is a family affair in place for at least three decades. Borja’s uncle has worked for Chevron for 30 years and owns the building where Chevron’s Quito attorneys lease office space, and where his nephew and Portilla have offices as well. One big unanswered question is the role of Chevron’s Ecuador-based legal team in working with Borja in his questionable efforts to undermine due process of law. Borja is now being paid a substantial sum by Chevron for carrying out his various dirty tricks operations.

In conversations with a childhood friend, Santiago Escobar, Borja tells him that he collected soil and water samples at contaminated well sites on behalf of Chevron and that he and his wife accepted the samples as representatives of Chevron’s “independent” laboratory, Severn Trent Labs, Inc. and then stored them in their office refrigerator. Court records obtained by the plaintiffs show Borja and Portilla’s signatures on chain of custody documents. of documents Download PDF

Borja says that Chevron’s lab is not independent, and that it “belonged” to Chevron and that he rented a house where a Chevron lab was located in Ecuador. Yet Chevron presented laboratory samples to the court during the trial from an independent lab.

What is also clear is that Borja expects Chevron to pay him handsomely for the so-called “bribery” videotapes that he recorded on Chevron’s behalf.
More details on Chevron's efforts to derail the lawsuit

The Ecuadorians, who are suffering the consequences of Chevron’s actions, as well as Chevron’s own shareholders, deserve answers to the disturbing charges leveled by Borja.

Here’s a sampling of just a few of Borja’s troubling statements:

“Chevron always stayed, supposedly, independent, and sent the analysis to have them analyzed… But I know that’s not true … I have proof that they [laboratories] were more than connected, they belonged to them.” . (Transcript 6, October 1, 2009 p. 6-8; Transcript 11, October 1, 2009, p. 6)

“I have correspondence that talks about things you can’t even imagine, dude….I can’t talk about them here, dude, because I’m afraid, but they’re things that can make the Amazons win this just like that (snapping his fingers).” ).” (Transcript 4, October 1, 2009 p. 3, 7-9)

“….if the judge here (in the U.S.) finds out that the company did cooked things, he’ll say, ‘Tomorrow we better close them down,’ you get it?” (Transcript 6, October 1, 2009 p. 10-11)

When he first spoke with Chevron about the videos, Borja said he expected to be covered in terms of security and economically – “in everything” after handing over the videos. He told them, “Obviously, I’m not going to ask for anything now, because it would ruin everything.” Chevron told him not to worry, but it is “totally understood.” (Transcript 21, October 7, 2009 p. 11)

According to Borja, Chevron told him “We can’t give you money because…it would compromise the evidence…. What we can do is (make you) our business partner.” Borja continued, “Now, that little word means a lot of things, right?”
When Escobar then said, “the objective is to become their partner. I mean, once you’re a partner of the guys, you’ve got it made,” Borja replied, “That’s right you dog. So, I… I’ve seen how things work here now. I mean, it’s a brass ring this big, brother.” (Transcript 2, October 1, 2009 p. 6)

Borja said he formed four companies for Chevron in order to make the work he did appear to be independent of Chevron. He implies that Chevron controls these companies. (Transcript 4, October 1, 2009 p. 12-13; Transcript 6, October 1, 2009 p. 9)

Sounding angry, Borja said Chevron could not force him to testify. “I told them,…if I feel that I’m being tricked, you’ll eat shit.” ….they’re (Chevron executives) right here, 40 minutes from me… from where I live. Just 45 minutes away is the office of the [Unintelligible], so I just show up, ring the bell and everyone knows who I am. I sit down and tell them, ‘Let’s see, this is the way it is.’ And the joke is over, dude, you get it?.... I’ll shit on them in a second [Unintelligible]. I mean, what they… what I’m trying to explain to them is that I also have… I don’t know how much to say, but I have only so much patience, you get it? (Transcript 5, October 1, 2009 p. 4-5, 11)

Sunday, January 18, 2009

Chevron’s Amazon Disaster Lands at Sundance; "Crude" - Press Kit Attached

Apparently a new documentary – appropriately entitled "Crude" - from Emmy-award winning filmmaker Joe Berlinger highlighting the legal battle to hold Chevron accountable is premiering at the famous Sundance film festival today. The film has generated some significant buzz – I saw articles mentioning it in the New York Times and the Boston Globe, among other news outlets. From the film's Sundance page:

Filmmaker Joe Berlinger's latest documentary picks up the thread of the infamous ""Amazon Chernobyl"" case, a 13-year-old battle between communities nearly destroyed by oil drilling and development and one of the biggest companies on earth. In a sophisticated take on the classic David and Goliath story, Berlinger took three years to craft a cinema vérité portrait centering on the charismatic lawyers in the U.S. and Ecuador who have doggedly pursued the case against all of the forces a corporation can bring into courts of law.

We managed to get our hands on one of the press kits about this "David and Goliath" story that are floating around the festival. The press kit has some good stuff about the subject matter of the film – including a press release from which I borrowed the title for this post. The press packet is attached below - take a look.

Press Kit Cover Page
Sundance/Crude Press Release
Q&A about the Case
Letter from Congressman Jim McGovern
Associated Press story on the Case
Bios of the Lawyers featured in "Crude"
Entire Press Kit - .rar file