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)