Showing posts with label pollution. Show all posts
Showing posts with label pollution. Show all posts

Wednesday, June 26, 2013

Appeals Court Asks Judge Kaplan To Defend Bizarre Rulings In Ecuador Pollution Case

Federal Judge Lewis A. Kaplan’s actions in Chevron’s efforts to evade a $19 billion adverse judgment for toxic dumping in Ecuador has caught the attention of a New York appellate court.

In a move that has raised eyebrows around the New York bar, the state’s highest federal appellate court recently gave Judge Kaplan 30 days to file papers defending his unprecedented rulings in a “fraud” case Chevron has brought in New York.

The case is the baby of Randy Mastro, former deputy mayor to Rudolph Guliani and now a law partner at Gibson Dunn & Crutcher. (True to form, Mastro helped execute Guliani's racially divisive political strategy in the mid-1990s.)  The lawsuit is designed to help Chevron evade the judgment in Ecuador and retaliate against the indigenous communities and lawyers who have held the company accountable for what is thought to be the largest environmental catastrophe in history.

The Second Circuit invited Kaplan to defend himself in light of a petition filed by the Ecuadorians and one of their lawyers, New York attorney Steven Donziger, seeking his reassignment. While most such requests are quickly dismissed, there clearly is something about Judge Kaplan’s behavior that is catching the Second Circuit’s attention.

Kaplan’s hostility toward Donziger and the Ecuadorians is puzzling because the judge is highly regarded in some quarters.  But in the mandamus petition the facts speak for themselves. For whatever reason, Judge Kaplan seems to be putting his formidable intellect at the service of Chevron rather than using it to administer the case fairly.  For more background, read this supplemental filing and an earlier mandamus petition that documents some of Kaplan’s biased comments toward the Ecuadorians from the bench.

And it what can only be described as an act of chutzpah, Judge Kaplan petitioned the appellate court for more time to file his defense.  The Second Circuit order inviting Kaplan to respond can be read here.

The irony of Judge Kaplan’s request for an extension should not be lost.  In 2011, the judge denied a similar request from Donziger, leaving the solo practitioner only three days to respond to Chevron’s 150-page “fraud” complaint before Kaplan imposed an illegal injunction blocking worldwide enforcement of the Ecuador judgment.  That move was later reversed by the Second Circuit in a unanimous order, but only after severe damage had been done to efforts by the Ecuadorians to clean up Chevron’s toxic mess.

Kaplan also found Donziger “waived” attorney-client privilege because he did not turn in a privilege log quickly enough. In a penalty that only be described as draconian, Kaplan then forced Donziger to turn over to Chevron his entire 19-year case file.

In the meantime, Judge Kaplan continues to do all he can to protect Chevron from having to disclose information about its own corruption, witness tampering, and bribes in Ecuador.  He also has ruled that the Ecuadorians and Donziger cannot defend themselves by showing the overwhelming scientific evidence that formed the basis of the Ecuador court judgment against Chevron.

(For background on how Chevron lies about and distorts basic facts in the case, read this response to allegations from a law professor paid by Chevron.)

Kaplan is also trying to block key evidence that Chevron and its outside lawyers have mounted an espionage ring to spy on adversary counsel.  That’s a flagrant violation of the ethical rules governing the legal profession, and is likely illegal.  But to Kaplan, apparently that’s just what big oil companies do to protect their asset base.

Chevron has admitted it has used at least 180 investigators on the case, mostly from Kroll. Kroll is a large investigations firm that functions in numerous countries like a private KGB for its corporate clients.

Kroll employee San Anson was caught trying to pay $20,000 to an American journalist to spy on consultants to the Ecuadorians.  Another former Kroll spook, Yohi Ackerman, was caught in Ecuador offering $20,000 cash from a suitcase to an Ecuadorian judge in exchange for favorable testimony on behalf of Chevron.

Many of Kroll’s investigators like Anson and Ackerman are bad boys who thrive in the underworld.  But Judge Kaplan and his Special Masters on the case, including his former law partner Max Gitter, have essentially shut down the ability to question these individuals about their misconduct.

Kroll’s CEO, Daniel Karsen, was deposed in early June.  Because of Kaplan’s rulings, Karsen didn’t have to answer most of the questions posed.  Chevron’s harassment of opposing counsel was considered off-limits under Kaplan’s rules.

For a small window into Chevron's spy operation, read this affidavit about how a team of unknown individuals followed Donziger around Manhattan.  For evidence of how Chevron tries to intimidate and “flip” witnesses, read this affidavit from a consultant to the Ecuadorians.

Kaplan also is letting Chevron maintain as “confidential” a series of damning internal videos that prove the company committed a massive fraud in Ecuador by hiding evidence of contamination from the court. Chevron itself shot the videos of its own technicians laughing at the pollution the company left behind and discussing how they would hide it from the court.  Under Kaplan’s rules, this type of criminal activity cannot be used at trial and must remain hidden from the public.

And in a clearly abusive practice, Judge Kaplan has allowed Chevron to hide numerous internal company emails that clearly show corruption and bribe attempts in Ecuador .........


THE REST OF THIS SENTENCE HAS BEEN CENSORED AT CHEVRON'S REQUEST. HERE IS CHEVRON LETTER demanding information be removed.

To Kaplan, this kind of payment apparently qualifies as “proprietary” business information.

Judge Kaplan also has allowed Chevron to hide embarrassing internal emails demonstrating that ... CENSORED BY CHEVRON. That email – CENSORED BY CHEVRON – is “confidential” under Kaplan’s rules.

It is now part of the public record that Chevron has used roughly 2,000 legal personnel and 60 different law firms to try to win by might what it cannot win on the merits.   Read this blistering critique of Kaplan’s biased rulings by famed San Francisco lawyer John Keker, who used to represent Donziger but left the case because of Kaplan’s mismanagement of the litigation.  Keker once famously said he felt “like a goat tethered to a stake” when litigating before the judge.

Despite Chevron’s overwhelming advantage in resources, Keker pointed out that Judge Kaplan consistently bends over backwards to help the oil giant as if it was an orphan or a widow. Chevron grossed about $250 billion last year and paid its CEO John Watson close to $30 million, while the average annual income of the residents who suffer at the hands of the company’s pollution is about $1,000.

We are looking forward to reading how Judge Kaplan tries to explain his rulings that are both helping Chevron evade a valid judgment and are raising questions worldwide about the fairness of the American judiciary.

(For a summary of the Ecuador court decision see here; for a video about the case see here or this 60 Minutes segment about Chevron’s deliberate contamination of the Amazon rainforest.)



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Tuesday, May 14, 2013

In Rare Occurrence, Chevron's CEO & Chair, John Watson, Will Be Deposed


Stop the presses! 

Even though he has characterized every aspect of Ecuador -- its people, culture, government and courts -- as corrupt, dysfunctional or a joke, U.S. Judge Lewis Kaplan finally ruled in favor of a motion filed by a group of Ecuadorians and their U.S. legal adviser.
The Ecuadorians may depose the oil giant's CEO and Chair, John Watson.  

It is rare that a CEO & Chairman of the Board is required to sit for a deposition, which will take place this month. Watson, though, has been intimately involved in the 20-year-old lawsuit, originally filed against Texaco in the U.S. but later re-filed in Ecuador against Chevron for massive oil contamination of the Amazon rainforest. Chevron purchased Texaco in 2001. In 2011, an Ecuador court delivered a $19 billion judgment against Chevron.

As the architect of the plan to purchase Texaco, Watson knew about Texaco's admission that it had dumped 16 billion gallons of toxic production water into the Ecuador rainforest's waterways. He knew about the 900 unlined pits that Texaco built to store pure crude. He knew about the internal audits Texaco conducted that showed massive contamination.  Yet, he pushed the merger and, as a result, inherited the largest environmental lawsuit in the world's history and urged a trial in Ecuador, only later to cry foul when he, his lawyers and his private investigative firm, Kroll, failed to undermine the Ecuadorian judicial system.  

Having lost in Ecuador, Watson and his 2,000 lawyers and legal assistants turned to the U.S. and found in Lewis Kaplan a federal judge only happy to take their spurious charges seriously. See this Chevron Pit for more background on Kaplan's bias against the Ecuadorians.

Meanwhile, the Ecuadorians are focusing their resources and energy where it matters:  in countries where Chevron has assets. They have filed lawsuits in Argentina, Canada, Brazil and Ecuador to seize assets as payment for the judgment Chevron refuses to acknowledge. Currently, $2 billion has been frozen in Argentina.



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Thursday, May 9, 2013

Chevron's Lies In Ecuador Case Evident in NBC News Report

NBC Nightly News Ann Curry recently returned from Ecuador with this account of how impoverished indigenous groups in the Amazon rainforest are preparing to fight -- literally and metaphorically -- their government's efforts to explore for oil on their native, pristine lands.

Meanwhile, some of these same groups are fighting in a U.S. courtroom 3,000 miles away 2,000 Chevron lawyers and a U.S. federal judge who believe a $19 billion judgment the Ecuadorians won in an Ecuador court is a fraud. Needless to say, The Chevron Pit strongly disagrees, while Chevron refuses to pay the judgment.

Curry's cameras document the beauty and the uniqueness of the Ecuadorian jungle in the Yasuni Park, reminding viewers that this was what another part of the rainforest once looked like before Texaco, now owned by Chevron, explored for oil five decades ago, using substandard drilling practices to maximize its profits. See this video to understand how Texaco, now Chevron, ruined the rainforest and destroyed a way of life for at least five indigenous groups.

Curry features an interesting proposal by Ecuador President Rafael Correa, who is asking developed countries driven by huge oil consumption to pay Ecuador NOT to explore for oil in the Yasuni Park, given that its thick and heavy vegetation helps keep the world's air supply cleaner by soaking up carbon dioxide.

By not developing the area, the rainforest is saved and the global environment improved but potential revenues from oil sales are not realized, depriving poor people of an education, safe housing and job opportunities. Correa believes Ecuador is, so to speak, scratching the developed world's back, but not getting any scratch in return.

On the other hand, Chevron would rather pay law firms like Gibson Dunn, Jones Day and King & Spalding hundreds of millions of dollars to fight the Ecuadorians in court, rather than spend even close to a similar amount on cleaning the soil and drinking water that Texaco contaminated. Chevron calculates that tactic is preferable than setting a precedent of actually helping people.

Though it's unlikely we've forgotten, the Nightly News segment reminds us that money -- the ability to make it and not lose it -- makes the world go around.  Watch the segment:





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Wednesday, May 1, 2013

Dumb Chevron Lawyer Tapes Himself Offering A Bribe In Ecuador

Chevron apparently got caught with its hand in the cookie jar again in its long-running campaign to weasel out of its $19 billion legal obligation in Ecuador.

Only this time the company tripped all over itself, producing a tape in federal court made by company lawyer Andres Rivero that can only be described as staggering in its stupidity.

This might keep the fraud division of the U.S. Department of Justice at least a little busy for the next few weeks.

The tape shows that Rivero brought a suitcase full of cash to Quito to pay off an Ecuador judge in exchange for favorable testimony. See this explosive press release here, which is also copied below in full.

We previously reported that in 2011 the oil giant offered a $1 billion bribe to Ecuador’s government to illegally quash the lawsuit. The judgment was based on overwhelming scientific evidence that Chevron deliberately dumped billions of gallons of toxic waste into the rainforest.

We now know that Chevron tried to pay $20,000 to an American journalist to spy on the plaintiffs, has conducted espionage surveillance to intimidate New York lawyer Steven Donziger, has threatened Ecuador judges with jail time, has tried to extort testimony from scientific consultants in the U.S., and has paid more than $2 million to an Ecuadorian operative to try to entrap Ecuadorian judges in a bribery scandal.

Of course, that’s on top of Chevron’s admission that it dumped 16 billion gallons of benzene-laden “water of formation” into the rivers and streams of the Amazon and then lied about the resulting financial risk to its shareholders, which prompted calls for an SEC investigation, which prompted a shareholder revolt last year against CEO John Watson which almost cost him his job.

These guys never seem to learn. Rivero and a Chevron operative named Sam Anson were outed earlier this year by an Ecuadorian newspaper for trying to intimidate and buy off judges in Ecuador. This is happening as the oil company desperately tries to beat back asset seizure actions in Canada, Brazil, and Argentina related to its refusal to pay the Ecuador judgment.

Please delight in reading about the details of this latest Chevron bribery scandal courtesy of Rivero, a Miami-based former prosecutor who, no doubt, has been paid millions by Chevron to risk his career for the company.

Andres, please let us know as soon as possible whether you think this assignment was worth it.

Here is the link to the press release on CSR Wire. A longer version follows below:

Chevron Offered Suitcase Full of Cash to Ecuador Judge In Exchange for Testimony, Documents Reveal

PRESS RELEASE/Fenton Communications
Contact: Bill Hamilton, bill@fenton.com
Phone: 202.641.0350/202.789.7755
Posted: May 1, 2013

New York, New York -- An American lawyer working for Chevron brought a suitcase full of cash to a meeting with a former Ecuador judge in an apparent attempt to bribe him for favorable testimony to help the oil giant evade its $19 billion Ecuador judgment, an explosive new court filing from the oil company reveals.

A Chevron investigator taped the meeting between Chevron lawyer Andres Rivero and Ecuador Judge Alberto Guerra, which took place in Ecuador’s capital of Quito in July of 2012. Chevron recently filed a transcript of the meeting in U.S. federal court as part of the company’s discovery obligations in a related “fraud” case brought by Chevron against the Ecuadorians.

Rivero, a former federal prosecutor, says on tape that he brought to the meeting $20,000 cash in “money that's in the suitcase” to pay Guerra for allegations that the Ecuador plaintiffs were involved in the writing of the judgment in the case. When asked by Rivero if $20,000 was enough, Guerra replied “Couldn’t we add a couple of zeroes to that?”

In an earlier court filing, Chevron admitted it ended up paying Guerra $38,000 for the information plus over $300,000 more for “protection” and “expenses” including relocation to the U.S. – or about ten times the annual salary of a judge in Ecuador and well in excess of Guerra’s $500 per month in expenses he admits to incurring.

Lawyers for the Ecuadorians called the cash offering further proof that Chevron was paying bribes in Ecuador for false testimony and said Chevron should be investigated for violations of the U.S. Foreign Corrupt Practices Act and federal witness tampering statutes. The U.S. Department of Justice previously fined Chevron after finding it violated the FCPA in Iraq.

“We’ve always known that Chevron can only bully and bribe its way to favorable testimony but now we have even more undisputed evidence of this malfeasance,” added Pablo Fajardo, lead counsel for the plaintiffs in Ecuador. “Ethical corporations don’t send their people to meetings carrying suitcases stuffed with cash.”

Worse still for Chevron, Guerra admitted in the transcript that he recently had been made sick by drinking water from a well “polluted with oil” from areas of Ecuador’s Amazon that Chevron has refused to properly remediate.

Chevron’s transcript also corroborates a recent affidavit from Ecuador Judge Nicolas Zambrano, who authored the judgment against Chevron. Judge Zambrano declared under oath that Chevron had used Guerra as a conduit to offer him a $1 million bribe to lie and testify against the rainforest communities.

In the transcript, a person identified as Chevron “Investigator #5” told Guerra “you get yours when a deal is reached with Zambrano”. The operative also admitted he offered to fly Zambrano out of the country to meet “a very high ranking person from Chevron” if he could come up with sufficiently damaging information to help undermine the judgment.

“Guerra is Chevron’s kind of witness,” said Craig Smyser of Houston, attorney for the Ecuadorians in the New York case. “The kind whose only question to the company is: how much will you pay me?”
“Chevron’s lies are coming back to haunt them,” said Fajardo. “This rogue company thinks it can bribe anyone in Ecuador to avoid paying for cleaning up our land but we will hold them accountable for the mess they left behind.”

Rivero himself has been under fire for serving as Chevron’s point person in a far-reaching espionage campaign organized by the private investigations service Kroll and exposed by a Quito-based newspaper, El Telegrafo. The El Telegrafo articles found that Chevron is using Rivero, a Kroll operative named Sam Anson, and an investigator named Yohi Ackerman "as secret agents" in Ecuador to "intimidate" former judges, government officials, and technical workers who were either involved in the eight-year Ecuador trial or are in a position to lie about the extent of oil contamination in the Amazon region.

Rivero was deposed about these and other issues last week under federal court order, but it is unclear if Chevron will make the transcript available or if the company will move to seal it from public scrutiny.

These latest revelations are not the first evidence of Chevron’s bribery attempts in Ecuador. Information surfaced in late 2011 in The Huffington Post that Chevron offered $1 billion to an Ecuadorian government official in exchange for an agreement that the environmental case would be quashed before a final judgment was reached. Sam Anson, featured in the El Telegrafo expose, was previously caught offering a $20,000 bribe to an American journalist to spy on lawyers for the plaintiffs, according to a report in The Atlantic.

“Chevron’s lies are coming back to haunt them,” claimed Javier Piaguaje, one of the Ecuadorian plaintiffs who is contesting Chevron’s fraud claims in Federal Court in New York. “This rogue company thinks it can bribe anyone in Ecuador to avoid paying for cleaning up our ancestral lands.”

“No matter how Chevron tries to spin this, law-abiding corporations simply don’t send their lawyers to meet with former judges carrying suitcases full of cash,” added Graham Erion, a US-trained corporate attorney who advises the rainforest communities in Ecuador on shareholder issues. “This transcript is just another embarrassing revelation for Chevron’s management team that is already facing the threat of strategic asset seizures in Brazil, Argentina and Canada.

“Chevron’s current management team is dragging the company’s brand through Ecuador’s oil-soaked mud, and lying about it to shareholders,” he added.


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Wednesday, April 17, 2013

The Truth Behind The Stratus Affidavits

Scientific Evidence Against Oil Giant Remains Overwhelming

The Stratus affidavits did not change anything for Chevron's perilous legal position in the Ecuador environmental case where it faces a $19 billion liability, as well as asset seizure actions in Canada, Brazil, and Argentina.

In a classic misdirection move designed to distract attention from its liability, Chevron last week unveiled affidavits from two scientsts from Stratus Consulting who used to work for the Amazon communities that for almost 50 years have been victimized by the company’s pollution. Chevron claimed the consultants, Douglas Beltman and Ann Maest, “disavowed” their involvement in the Ecuador litigation as well as the findings in a technical assessment known as the Cabrera Report that the Ecuador court did not even consider when finding the company liable.

These affidavits show just how limited the options for Chevron have become as it spends more and more money in an increasingly futile quest to escape accountability for its toxic dumping in the Amazon.

Chevron’s fundamental problem is that Beltman and Maest are not telling the truth about the science behind the Ecuador case.
 
As background, Chevron aimed a figurative gun at the head of Stratus, where  Beltman is a partner.  The company faced bankruptcy just by having to defend itself against Chevron’s 114-lawyer army at Gibson Dunn, which had named Stratus as a defendant in a highly questionable RICO case in New York.

Chevron had also waged a vicioius campaign to persuade clients of Stratus to fire the company based on false allegations that the company had committed "fraud" in Ecuador.  As part of the settlement it extorted, Chevron forced Beltman and Maest to abide by a gag order and agree not to work on projects involving Chevron for two decades.

The problem Beltman and Maest (and Chevron) now have is that the recent affidavits clearly contradict their earlier sworn testimony (available here and here) that concluded Chevron was responsible for massive pollution in Ecuador.  A chart of how Beltman and Maest have flagrantly changed their testimony in the face of Chevron’s threats can be found here.

Just weeks ago, in a legal filing, Stratus itself described the shakedown it was experiencing, saying Chevron has engaged in “an extrajudicial campaign of malicious defamation and deliberate interference with Stratus' business to tortuously destroy Stratus (and the livelihood of its employees).” Stratus made it clear in its court filings that it believed the Ecuador case was legitimate and based on valid scientific evidence. (See Stratus' Counterclaim against Chevron here)

Chevron is also trying to spin the affidavits to convince courts that the Amazon communities have “lost” the main source of their scientific data supporting the Ecuador judgment. Nothing could be further from the truth.  Stratus played a major role in preparing materials for one technical report that the court threw out.

Stratus had nothing to do with any of the more than 100 other expert reports submitted as evidence that were relied on to find liability.

Stratus never produced a single one of the 64,000 chemical sampling results presented by the parties to the court that documented extensive pollution at 100% of Chevron's well sites in Ecuador.  This data was produced by 23 court-appointed experts nominated by the parties that did not include Stratus.

The trial judge also pegged the majority of the remediation cleanup valuation figures to the work of Gerardo Barros, a court appointed expert who had been designated by Chevron.  Chevron’s argument that the process was “tainted” has not been accepted by any court in Ecuador, but as a practical matter the issue of what Stratus did in Ecuador with the Cabrera report is a nullity.

Apart from the prior sworn testimony of Beltman and Maest that proves the contentions of the communities, there is overwhelming scientific and testimonial evidence that documents Chevron’s environmental abuses in Ecuador, where it operated from 1964 to 1992 under the Texaco brand.
 
For example:

  • Chevron’s own internal audits, produced in the early 1990s as it was winding down its operations in Ecuador, documented pollution at each one of its drilling sites.  They also found the company exercised no environmental controls in the 25 years it operated in Ecuador. (See the audits here and here)
  • Stratus itself documented the pollution in a devastating power point presentation that concluded 100% of the Chevron well sites in Ecuador tested during the trial had levels of toxicity that violated legal norms in the U.S.

Beltman said it best in a deposition taken by the Amazon communities on Sept. 9, 2011, on a date well before the effects of Chevron’s extortion effort had fully kicked in.  Beltman testified that the way Chevron operated in Ecuador was “substandard” and that “groundwater, streams, rainforest, wells and stations” were “all contaminated” by the company’s operations.

Also on that day, again under oath, Beltman concluded that Chevron’s claims that its “remediation” in Ecuador was effective are “false” and that he believes that “exposure to carcinogens caused by Texaco operations at least contributed to the higher rates of cancer.”

If Beltman and Maest testify consistent with the recently extorted affidavits, they will look like liars.  If a jury hears the earlier testimony under oath, which is corroborated by extensive evidence at trial, Chevron will (as it should) look terrible.

The bigger picture is that what Chevron does in a New York court has virtually no significance.

Courts in other countries being asked to enforce the judgment against Chevron assets, if anything, will recoil when asked to abide by any decision coming from a clearly biasd judge trying to give the oil giant a home court advantage.  For an understanding of just how biased, read these mandamus petitions (here and here) asking for the reassignment of Judge Lewis A. Kaplan.

The Second Circuit Court of Appeals has set a date in May to consider that issue yet again, so it is unclear if the RICO trial will even get off the ground or if Chevron will blink when it comes time for a jury to hear even some of the awful facts relating to its criminal activity in Ecuador -- which includes attempted bribes of Ecuador's government to quash the case.

If anything, the New York proceeding before Judge Kaplan – like much else in this case – could easily boomerang against Chevron.  Ditto for Beltman and Maest, who now have lost all credibility in the face of Chevron's pressure campaign that threatened their ability to earn a livelihood.

Stay tuned.


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Saturday, April 6, 2013

More Revelations About Chevron’s Paid Witness & Its Miami Lawyer, Andres Rivero

Chevron not only is lying to a U.S. court about what happened in the historic Ecuadorian trial that the oil giant lost, it also offered a $1 million bribe to turn evidence against the Ecuadorians and their lawyers, testified an Ecuador judge in a legal declaration filed yesterday in the Southern District Court of New York.

Ecuador Judge Nicolรกs Zambrano, who found Chevron guilty in February 2011 of the world’s largest oil-related environmental disaster, submitted the filing to the U.S. court, in response to false charges brought by Chevron that Zambrano allowed the Ecuadorians’ lawyers to write his judgment for payment.

Zambrano said in his declaration that only he wrote the detailed 188-page ruling, documenting the extensive contamination of Chevron’s substandard drilling and exploratory system wrought upon the environment and the impoverished indigenous people living near the pollution. Chevron has argued that Zambrano was incapable of writing such a judgment and has entered into evidence testimony by another judge, Alberto Guerra, that the real authors are the Ecuadorians’ lawyers, charges that the lawyers deny.

Only problem is Guerra has been paid at least $324,000 for his testimony and likely will be paid much, much more, given the unbelievable agreement Chevron has negotiated with Guerra, who now lives in Miami with his family and his son’s family – all at Chevron’s expense.

Importantly, Chevron’s own lawyers have admitted that Guerra actually approached Chevron in 2009 about writing the judgment in its favor if they would pay him.

Not surprisingly, about that time, Guerra announced publicly that he thought the lawsuit against Chevron was not legitimate, even though the trial was underway.

Also underway at the same time was a Chevron sting operation to derail the trial by staging a phony bribery attempt against yet another judge who heard the case. It failed miserably, but Chevron spent much of the year organizing it and publicizing its sensational but false allegations of bribes. 

At no time in 2009, 2010 and 2011, during years of hysterically wild accusations of corruption and fraud charged by Chevron, did the oil giant breathe a word about Guerra offering to write the judgment for Chevron for money.

If Chevron wanted to prove that the Ecuador courts were corrupt, here was its perfect opportunity. Yet, Chevron’s lawyers, not known for avoiding a media interview in Quito, were silent.

Now Zambrano reveals that Guerra as Chevron's proxy approached him in August 2012 with an offer to turn evidence against the Ecuadorians’ lawyers for $1 million or as much money as Zambrano might want.

Zambrano rejected the offer then and later avoided overtures in January 2013 by Chevron lawyer Andres Rivero who called Zambrano and urged a meeting. Zambrano refused.

The 20-year-old case, now being litigated to seize Chevron's assets in Brazil, Argentina, Canada and Ecuador as payment for the judgment, continues to take twists and turns in the U.S., both sides slinging charges fast and furious.

But, there are two charges that even Chevron cannot deny: 

One: Chevron’s man, Alberto Guerra, is as corrupt as the day is long.

And, two: Texaco, which Chevron bought, dumped 16 billion gallons of toxic water and oil directly into the rainforest waterways and built 900 unlined pits and filled them with pure crude that has leeched into soil and underground water -- all because it wanted to save money. Chevron's company treated the rainforest like a garbage dump and its people as disposable as the toxic oil it left behind.

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Thursday, March 28, 2013

Chevron Can Solve Its Argentina Problem: Pay The Judgment

Chevron's head of operations in Argentina has complained to the Ecuadorians, who recently won a $19 billion judgment against the company for massive oil contamination, that future exploration and drilling is threatened in Argentina because of a local court's decision to freeze its assets.

Efe News Service quoted Miguel Galluccio, Chevron's guy in the South American country, warning that the freeze resulting directly from Chevron's refusal to pay the Ecuador judgment "is absolutely detrimental to Argentina and could have a negative effect on investment."

Ok, Miguel, then convince your company to pay the judgment. You've got the money. It's that simple. Problem solved.

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Thursday, November 15, 2012

BP Held Accountable For Deaths & Oil Spill; Chevron Remains Fugitive From Justice


Today BP got hit with four arrests for manslaughter and lying to Congress and $3 to $5 billion in federal fines for the ACCIDENTAL oil spill that resulted in 11 deaths and an estimated $40 billion plus in damages to individuals and local businesses. The U.S. Department of Justice is expected to announce a settlement deal later today. It will not include civil claims under the Clean Water Act and other legislation,  pending private civil claims and state claims for economic loss, which means the total cost to BP could be $40 to $60 billion for a spill that was remediated, at least on the surface, in a few months.  See here.

This news is in stark contrast to the legal battle against Chevron for massive oil contamination in Ecuador. Chevron has refused to pay a $19 billion judgment awarded last year by an Ecuador court, forcing the Ecuadorians to file lawsuits in other countries to seize company assets as payment.  

Consider this:

1) The damages in the Ecuadorian rainforest was intentional, not accidental. Chevron designed, built and operated its drilling system in Ecuador to pollute in order to maximize its profits there.

2) Chemical toxins and pure crude have been leeching into the soil and waterways for five decades, while Chevron has fought the Ecuadorians' lawsuit for damages for 20 years. U.S. courts forced the Ecuadorians to try their case in Ecuador, delaying a judgment by a decade. BP cleaned its contamination in a few months.

3) At least 1,400 people have died from cancer and thousands more have oil-related illnesses resulting from Chevron's contamination.  The BP spill resulted in 11 deaths and damage to wildlife and other environmental impacts.

4) Chevron dumped 16 billion gallons of oil and toxic water into the soil and waterways and built 900 huge unlined pits to store pure crude and toxic water. The BP spill occurred off shore and is not believed to be a threat (at least for now) to humans and wildlife.

5) Chevron, U.S. oil analysts and the U.S. media laughed at early damage estimates against Chevron ranging from $16 to $27 billion in Ecuador. BP will likely pay up to $60 billion in damages.

It's hard not to conclude that a U.S. life is just worth more than an Ecuadorian life. BP is being held accountable for its mistake, but Chevron remains a fugitive from justice for its intentional crimes. 

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