Tag Archives: Ecuador

USA/Ecuador: Lawyer beat oil giant in court, but now faces jail and millions in fines

July 17, 2019

Image result for steven donziger

From 1964 to 1990, Texaco (later absorbed by Chevron) dumped 16 billion gallons of toxic waste in Ecuador’s Amazon. The CIA played a key role in bringing to power the dictatorship that first allowed Texaco to work in Ecuador. Philip Agee, the great whistleblower of that era, described CIA tactics in Ecuador in his 1975 book Inside the Company: CIA Diary.

Chevron demands Ecuadorian jurisdiction, gets it

In 1993, US lawyer Steven Donziger filed a lawsuit against Texaco in New York on behalf of the Ecuadorian victims of the dumped toxic waste. These were thousands of very poor people who lived in the affected area. The oil giant spent nine years fighting to have the case moved back to Ecuador. In 2002, Chevron prevailed. US courts ruled that the case belonged in Ecuador. But the battle soon took an unexpected turn.

Under the government of Rafael Correa, who was first elected in 2006, Ecuador’s judiciary changed. It was no longer one that would easily defer to wishes of a huge US-based company. Chevron was found guilty in a provincial court. The case held up on appeals all the way to Ecuador’s Supreme Court in 2013. The victims were awarded $9bn in damages. Chevron’s revenues have ranged from $100bn to $200bn per year depending on oil prices.

Chevron loses, demands US jurisdiction, and gets it

Chevron ran back to US courts to attack Donziger. A New York judge, Lewis A Kaplan, brushed aside Chevron’s promise to abide by Ecuadorian jurisdiction. He ruled that the lower court victory in Ecuador was won by Donziger using corrupt means. What about the appeals in Ecuador’s higher courts? Kaplan simply declared that Ecuador’s judiciary could not handle a case like this fairly. Did Kaplan say the company had not contaminated the Amazon? No. He simply said it was irrelevant to Chevron’s allegations against Donziger. Why didn’t a jury rule on this case? Chevron manoeuvred around facing a jury by not seeking monetary damages from Donziger.

Lawyer beat oil giant in court, but now faces jail and millions in fines

https://www.forbes.com/sites/michaelkrauss/2019/07/17/suspended-ex-attorney-steven-donziger-condemned-to-pay-chevron-3-4-million/#fbc89b332cd3

Chevron Ecuador Fraud Case: Steven Donziger Loses Again in Court

https://amazonwatch.org/news/2019/0612-statement-on-excessive-judicial-order-demanding-that-steven-donziger-surrender-his-passport

Donziger Chevron Ecuador Lawsuit Dismissed In Canadian Court

https://www.donzigerlaw.com/

https://www.urgente24.com/zona/negocios/desisten-de-un-juicio-contra-chevron (ESPANOL)

USA/Ecuador/Canada/The Netherlands: Dutch Supreme Court Rules for Chevron in Ecuador Dispute

April 16, 2019

The Supreme Court of the Netherlands has ruled in favor of Chevron Corporation, rejecting the Republic of Ecuador’s attempts to annul decisions of an international arbitral tribunal in The Hague that ordered Ecuador to take all steps necessary to prevent enforcement of a $9.5 billion Ecuadorian judgment against Chevron anywhere in the world. The Ecuadorian judgment previously was found by the international arbitral tribunal and by U.S. courts to have been obtained through fraud, bribery and corruption.

The arbitral tribunal, administered by the Permanent Court of Arbitration in The Hague, issued interim and partial awards in favor of Chevron in 2012 and 2013 in proceedings brought by Chevron to hold the Republic of Ecuador accountable for the fraudulent and corrupt litigation against the company in that country. The arbitral awards ordered the Republic of Ecuador “to take all measures necessary to suspend or cause to be suspended the enforcement and recognition within and without Ecuador” of the fraudulent Ecuadorian judgment against Chevron. The decision by the Supreme Court of the Netherlands upholds the rulings of two Dutch lower courts that rejected the Republic of Ecuador’s attempts to annul those awards.

“The highest court in the Netherlands confirmed that Ecuador is required under international law to prevent enforcement of the corrupt Ecuadorian judgment against Chevron anywhere in the world,” said R. Hewitt Pate, Chevron’s vice president and general counsel. “The Dutch Supreme Court joins the courts of the United States, Argentina, Brazil, and Gibraltar in rejecting the Ecuadorian fraud against Chevron. Chevron urges Ecuador to honor its obligations under international law, comply with the lawful orders of The Hague tribunal and put an end to the fraud and extortion against Chevron.”

These failed efforts to enforce the Ecuadorian judgment were led by adjudicated racketeer and suspended lawyer Steven Donziger. In 2018, Donziger was suspended from practicing law in New York State and Washington, D.C. after having been found by U.S. federal courts to have engaged in a longstanding pattern of racketeering activity in procuring the Ecuadorian judgment, including multiple acts of fraud, bribery and judicial corruption.

Dutch Supreme Court Rules for Chevron in Ecuador Dispute

Chevron Ecuador: Chevron Wins In Ecuador Fraud Case In Dutch Supreme Court

https://www.newsbusters.org/blogs/business/julia-seymour/2019/04/18/chevron-wins-again-ecuador-told-end-extortion-against-oil

https://laopinion.com/latinowire/corte-suprema-de-holanda-falla-a-favor-de-chevron-en-disputa-con-ecuador/ (ESPANOL)

https://www.eleconomista.es/empresas-finanzas/noticias/9826255/04/19/El-Tribunal-Supremo-de-Holanda-falla-a-favor-de-Chevron-en-disputa-con-Ecuador.html (ESPANOL)

https://www.em.com.br/app/noticia/internacional/2019/04/16/interna_internacional,1046849/comunicado-do-business-wire-chevron-corporation.shtml (PORTUGUES)

USA/Canada/Ecuador: Fraudulent Ecuador Judgment is Unenforceable Against Chevron’s Canadian Subsidiary

April 4, 2019

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The Supreme Court of Canada has rejected a request to review a decision of the Court of Appeal for Ontario that a $9.5 billion Ecuadorian judgment against Chevron Corporation cannot be enforced against Chevron Canada Limited, an indirect subsidiary. The Court of Appeal for Ontarios decision, which is now final, dismissed all claims against Chevron Canada Limited, holding that it is a separate entity from Chevron Corporation and that its shares and assets cannot be seized by those seeking to enforce the corrupt Ecuadorian judgment. The Ecuadorian judgment itself has already been found by U.S. courts and an international tribunal in The Hague to have been obtained through fraud, bribery and corruption.

“We are pleased that the highest court in Canada has put an end to the plaintiffs lawyers attempts to enforce their corrupt Ecuadorian judgment against Chevrons indirect subsidiary in Canada, said R. Hewitt Pate, vice president and general counsel, Chevron Corporation. Canadian courts have rejected the plaintiffs efforts to circumvent the determination by U.S. courts that the Ecuadorian judgment against Chevron was procured through bribery, fraud and other racketeering activity. Any further efforts by the plaintiffs lawyers to continue this lawsuit in Canada would be an abuse of the countrys legal system and a waste of its judicial resources.

Because Chevron Corporation has never had any assets in Ecuador, the plaintiffs, led by adjudicated racketeer and suspended lawyer Steven Donziger, are attempting to enforce the Ecuadorian judgment in other jurisdictions. Donziger and his associates had sought to enforce the judgment against both Chevron Corporation, which has no assets in Canada, and Chevron Canada Limited, which was not a party to the Ecuadorian lawsuit. Today’s decision confirms once and for all that the fraudsters cannot pursue Chevron Canada Limited’s shares and assets.

In 2018, Donziger was suspended from practicing law in New York State and Washington, DC as a result of his unlawful conduct in procuring the Ecuadorian judgment.

https://www.globalbankingandfinance.com/fraudulent-ecuador-judgment-is-unenforceable-against-chevrons-canadian-subsidiary/

http://www.csrwire.com/press_releases/41860-Fraudulent-Ecuadorian-Judgment-Is-Unenforceable-Against-Chevron-s-Canadian-Subsidiary

https://theintercept.com/2019/04/03/branded-content-fossil-fuel-companies/

https://scc-csc.lexum.com/scc-csc/scc-l-csc-a/en/item/17657/index.do

http://stevendonziger.com/

https://eldiariony.com/latinowire/fraudulenta-sentencia-ecuatoriana-es-inejecutable-contra-subsidiaria-canadiense-de-chevron/ (ESPANOL)

https://www.sciencesetavenir.fr/nature-environnement/pollution/chevron-marque-un-point-contre-les-equatoriens_132757?fbclid=IwAR0Hc_2vMTEn9QL6wquHOYYuH9bvMVQYbZjz6OzNq4F_4qrffak9RkQ8KA8 (FRANCAIS)

https://www.zonebourse.com/actualite-bourse/Le-jugement-frauduleux-rendu-en-Equateur-est-inapplicable-a-l-encontre-de-la-filiale-canadienne-de-C–28357808/ (FRANCAIS)

http://www.ansa.it/sito/notizie/economia/business_wire/news/2019-04-05_1051932895.html (ITALIANO)

https://www.boerse.de/nachrichten/Betruegerisches-Ecuador-Urteil-ist-nicht-vollstreckbar-gegen-die-kanadische-Tochtergesellschaft-von-Chevron/8032356 (DEUTSCH)

USA/Ecuador/Canada: Prominent Lawyers Rally to Support Steven Donziger’s Demand that He Be Allowed to Present Evidence of Chevron Fraud

March 11, 2019

HARVARD PROFESSOR NESSON SAYS EVIDENCE PROVES OIL GIANT “MANUFACTURED A LIE” TO TRY TO STRIP DONZIGER’S LAW LICENSE TO RETALIATE FOR WINNING POLLUTION CASE

Ecuador Oil

Professor Charles Nesson is engaging in an united effort for justice against Chevron Corporation’s vital impact on the indigenous peoples and environmental health of the Ecuadorian Amazon. He now extends an opportunity for student pro-bono work in support of the case and indigenous human rights attorney and HLS alumnus, Steven Donziger ‘95.

If interested, please write to a2eon@law.harvard.edu.

Time commitment: 3 – 5 hours / week for the next 6 months

Topics and/or relevant background: Disciplinary procedure and proceedings, Human rights, Indigenous rights, Environmental law
Read more at MakeChevronCleanUp

https://cyber.harvard.edu/story/2019-03/prominent-lawyers-rally-support-steven-donzigers-demand-he-be-allowed-present

http://thechevronpit.blogspot.com/2019/03/questions-raised-about-ny-bar-grievance.html

http://thechevronpit.blogspot.com/2019/02/chevron-named-corporate-bully-of-year_27.html

https://www.makechevroncleanup.com/press-releases/2019/3/12/prominent-lawyers-rally-to-support-steven-donzigers-demand-that-he-be-allowed-to-present-evidence-of-chevron-fraud

https://www.law360.com/energy/articles/1141487/donziger-still-defying-court-in-9-5b-ecuador-fight-chevron

https://www.law360.com/internationalarbitration/articles/1141967/chevron-attacks-can-t-stand-in-9-5b-dispute-donziger-says

http://stevendonziger.com/

http://www.ecuadorinmediato.com/index.php?module=Noticias&func=news_user_view&id=2818851972 (ESPANOL)

https://www.juiciocrudo.com/casorico.php/articulo/a-5-anos-de-la-sentencia-rico-cortes-internacionales-confirman-fraude-contra-chevron/11267 (ESPANOL)

https://www.europapress.es/internacional/noticia-cuando-agua-deja-ser-fuente-vida-20190322081531.html (ESPANOL)

USA/Ecuador: New York Bar Trying to Block Donziger From Presenting Evidence of Chevron Fraud and Witness Bribery in Secret Licensing Hearing

November 30, 2018

Lawyers Dopico and Goldstein Seek Court Order to Deny Human Rights Lawyer Public Hearing Where He Can Challenge His Suspension

Lawyers from the New York bar grievance committee are seeking an extraordinary court order to block U.S. human rights attorney Steven Donziger from presenting explosive evidence of Chevron’s fraud and witness bribery that he says was relied on to illegally suspend his law license without a hearing after helping Ecuadorian Indigenous groups win a landmark $12 billion pollution judgment.

Earlier this week, New York bar staff attorneys Jorge Dopico and Naomi Goldstein obtained an order from a New York appellate judge staying Donziger’s two-day fact hearing which had been scheduled to begin Dec. 4 in Manhattan. Donziger, whose law license was suspended in July without a hearing, was going to present the evidence of Chevron’s fraud after a court-appointed referee issued a hugely important ruling last month allowing the attorney to challenge the 2014 pro-Chevron findings of federal judge Lewis A. Kaplan in a civil racketeering case.

The stay will allow a New York court time to determine whether it will overturn the bar referee’s procedural decision favoring Donziger in the middle of an ongoing attorney disciplinary proceeding – something that is virtually unprecedented in the history of New York, according to several attorneys in the state. “It appears to our team that the bar staff lawyers in New York are nervous about letting Steven expose the truth about Chevron’s fraud, which might embarrass Judge Kaplan and other judges to whom the staff attorneys must answer,” said Patricio Salazar, the Ecuadorian lawyer against Chevron and a colleague of Donziger.

The referee in the case, John Horan, had examined the Kaplan RICO trial and concluded there might be support for Donziger’s long-held contention he did not get a fair trial.  He also questioned whether Kaplan violated Donziger’s constitutional right to due process by denying him a jury of impartial fact finders even though he was effectively facing criminal charges, albeit in the context of a civil case with a relaxed evidentiary standard.

Long known as a pro-business judge who maintained undisclosed investments in Chevron during his trial, Kaplan effectively “created a criminal indictment” and tried Donziger for conspiracy, said Horan. “It is doubtful that is an indictment in the same terms had been brought by the United States Attorney, (Donziger) would have elected to have a trial by a single judge and would have waived his right to a trial by jury,” Horan wrote.

Donziger has categorically challenged each of the Kaplan findings, saying they are based primarily on false or decontextualized evidence and Kaplan’s stubborn refusal to consider the voluminous scientific evidence of Chevron’s environmental contamination in Ecuador.

http://www.csrwire.com/press_releases/41589-New-York-Bar-Trying-to-Block-Donziger-From-Presenting-Evidence-of-Chevron-Fraud-and-Witness-Bribery-in-Secret-Licensing-Hearing

http://www.csrwire.com/press_releases/41601-Donziger-Wins-Right-for-Public-to-Attend-Bar-Hearing-Where-He-Plans-to-Challenge-Kaplan-RICO-Findings

https://www.huffingtonpost.com/steven-donziger/chevrons-amazon-chernobyl_b_7435926.html

http://stevendonziger.com/

https://www.nycbar.org/

https://www.eluniverso.com/noticias/2018/11/27/nota/7071576/replica-solicitada-chevron (ESPANOL)

USA/Ecuador: Lawyer who battled Chevron may get chance to defend himself

November 16, 2018

Image result for steven donziger

A New York attorney who won a landmark oil pollution judgment against Chevron in Ecuador’s court system only to have his law license suspended at home for malpractice never got a fair hearing and should be allowed to defend himself against disbarment, a legal referee has ruled.

The decision involves Steven Donziger, who led a legal team representing Ecuadoreans trying to get Chevron to pay for environmental damage caused to a rainforest by Texaco during its operation of an oil consortium from 1972 to 1990.

The legal campaign begun in 1993 was ultimately successful in Ecuador. A court there ordered Chevron to pay $9.5 billion. But in 2014, a judge in New York, U.S. District Judge Lewis A. Kaplan, invalidated the Ecuador judgment, deeming it was obtained through legal malpractice.

In July, a New York State appeals court suspended Donziger without a hearing based on Kaplan’s ruling that the attorney’s Ecuador team submitted bogus evidence, ghostwrote a court-appointed expert’s report and promised the judge who ultimately ruled a $500,000 bribe.

Donziger fought those findings, saying they were built on fraudulent testimony obtained through Chevron’s bribing of witnesses.

A court-appointed referee, John R. Horan, ruled on Nov. 8 that Donziger deserves a hearing to defend himself. He also questioned whether Kaplan violated Donziger’s constitutional right to due process.

Kaplan effectively “created a criminal indictment” and tried Donziger for conspiracy, Horan said.

https://www.dailyherald.com/article/20181116/news/311169809

http://www.tribtown.com/2018/11/16/us-chevron-ecuador-lawyer/

http://www.csrwire.com/press_releases/41554-Musician-Roger-Waters-In-Ecuador-To-Support-Amazon-Peoples-Who-Won-Landmark-Judgment-Against-Chevron

https://www.stl.news/tag/law-license-suspended/

https://www.stl.news/tag/attorney-steven-donziger/

http://stevendonziger.com/

https://www.eluniverso.com/noticias/2018/11/16/nota/7054437/eeuu-arbitro-falla-favor-abogado-antichevron (ESPANOL)

USA/Ecuador/Canada: Peter Foster: Corruption, Pink Floyd and Aboriginal rights walk into Banff’s ‘post-normal’ law conference

November 9, 2018

The conference seems to represent what might be described as ‘post-normal law.’ It is the law of taking sides

This weekend sees a conference in Banff that should be of interest to all those concerned about the rule of law, and the forces undermining it. Titled “Indigenous Solutions for Environmental Challenges,” the conference’s “context” is the US$8.6 billion (at last count) judgment in an Ecuadorean court against U.S. oil company Chevron. According to the conference’s website, the Chevron case will be used “to consider the critical role of judicial remedies for violations of the rights of indigenous and other affected peoples… both in Canada and beyond.”

With the Trans Mountain pipeline expansion on judicial hold, and capital evacuating the Canadian oil patch due to legislative uncertainties, the topic is timely. But if “hard cases make bad law,” then corrupt cases threaten very bad law indeed.

Two U.S. courts have determined that the Ecuadorean decision was the result of a fraud engineered by U.S. lawyer, Steve Donziger (who will appear at the conference). Donziger claims this is all a Chevron campaign to “vilify him” for innocent “errors in judgment.” Earlier this year, Donziger’s licences to practice law in the U.S. were suspended.

Conference organizer Kathleen Mahoney, a law professor at the University of Calgary, told me this week in an email that she denies the conference is about applying “pressure to bear on Chevron to come to the table,” but those are the words used more than a year ago in her letter to Donziger proposing the conference, and suggesting he support it (the letter is reprinted below). The letter, part of a contempt motion filed by Chevron against Donziger, redacted until recently, was last month ordered fully disclosed by a New York court. The court exhibit shows Donziger passed the letter to colleagues with the comment: “Please do not send around. This is potentially breakthrough stuff…. Kathleen is (former national chief of the Assembly of First Nations) Phil Fontaine’s wife and she is a major force in Canada as a human rights lawyer and activist.”

Peter Foster: Corruption, Pink Floyd and Aboriginal rights walk into Banff’s ‘post-normal’ law conference

LILLEY: Stink of corruption hangs over environmental conference

https://www.nationalreview.com/2018/10/chevron-case-shakedown-ecuador-roger-waters/

https://hotair.com/archives/2018/11/01/pink-floyd-connected-chevron-shakedown/

https://www.triplepundit.com/podium/chevron-facing-new-obstacles-over-12b-ecuador-pollution-liability-as-death-toll-rises-in-amazon-rainforest/

https://oaklandnewsnow.com/index.php/2018/11/13/chevron-ecuador-attorney-steven-donziger-once-the-toast-of-hollywood-is-now-simply-toast/

http://stevendonziger.com/