Monday, August 31st 2009
“San Ramon-based Chevron has just gone public with potentially explosive videotapes it says implicate an Ecuadoran judge overseeing an long-running environmental lawsuit against the company in a bribery scheme. One video, which Chevron turned over today to officials in Ecuador and the United States (and posted on the company’s Web site) appears to show the judge telling a pair of businessmen looking for oil cleanup contracts in the Amazon that he intends to rule against the energy company, even though the case has not been completed.”
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Monday, August 31st 2009
“In a blockbuster development, Ecuador Judge Juan Nunez, the key legal figure in the Chevron Ecuador environmental damage case, is captured in a video shown here explaining that he plans to rule against the oil giant and for an award of $27 billion “more or less”. The judge explains that the verdict will happen and that Chevron will be blocked from filing an appeal of his ruling. In that segment of the video, the Judge explains he’s only there to talk about the verdict, not about “the other stuff” which refers to a $3 million payoff request. Later in the video its implied that Ecuadorian President Rafael Correa will benefit from the bribe amount.”
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Monday, August 31st 2009
“An excellent Washington Times editorial, “Chevron’s message to Garcia,” the Garcia being Ecuador’s attorney general, Diego Garcia, who claimed the government of Ecuador was not part of the legal case against Chevron.”
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Monday, August 31st 2009
“We remember Judge Núñez from the sympathetic portrait “60 Minutes” did of him in its hit piece against Chevron earlier in May. The good folks at the Business and Media Institute destroyed the CBS pseudo-news report in an analysis, “‘60 Minutes’ Promotes $27-Billion Leftist ‘Fraud’ Efforts Against Chevron.” The whole piece is worth revisiting, but especially this part about Judge Núñez, under the title, “‘60 Minutes’ Gives Pass to Ecuadoran Justice System”
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Monday, August 31st 2009
“The opposition TV station Teleamazonas has denied it violated the law by broadcasting a secretly recorded conversation between President Rafael Correa and several public officials. In his weekly address, the leader said he would formally ask to close the station for airing the tape, Dow Jones reports. In three months the channel has faced three legal sanctions. The president’s complaint would be the fourth strike and would definitively take Teleamazonas off the air, El Comercio explains.”
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Monday, August 31st 2009
Chevron is asking the Government of Ecuador to disqualify the judge presiding over the lawsuit involving the company.
The company has disclosed video recordings of meetings that show the judge discussing his verdict with businessmen. The judge confirms that he is going to rule against Chevron in the case and that the company will lose its appeal – even though the trial is still ongoing and evidence is still being received. And a purported ruling party official in Ecuador states that lawyers from the executive branch have been sent to assist the judge in writing the decision.
The video recordings also show an individual, Patricio Garcia, who identifies himself as a member of Ecuador’s ruling party, discussing details of the $3 million bribe with the same businessmen. The bribe was sought in return for remediation contracts to be handed out by the government after the adverse verdict is handed down by the judge.
The tapes show $3 million in bribes were sought: $1 million to Judge Núñez, $1 million to the plaintiffs suing Chevron and $1 million to “the presidency,” Garcia said.
The four video-taped meetings occurred in May and June of 2009. Two of the meetings took place at the Quito offices of Alianza PAIS, Ecuador’s ruling party, one meeting took place in the judge’s chambers in Lago Agrio, and a second meeting involving the judge took place in a Quito hotel.
After referring the evidence of the scheme to authorities, Chevron Executive Vice President Charles James said that company lawyers will seek disqualification of the judge in the case and annulment of his prior rulings.
“No judge who has participated in meetings of the type shown on these tapes could possibly deliver a legitimate decision,” James said.
“We are calling upon Ecuadorian authorities to conduct a full investigation of this matter – focusing not only on the conduct of Judge Núñez, but also on the very serious indications of political interference in this case.
“We feel compelled to put this entire matter in the public domain as a check against retaliation or further unlawful conduct as it relates to the case there. We also believe that public disclosure will encourage a deeper investigation of these matters by appropriate officials within Ecuador.”
In the videos, Judge Núñez makes numerous statements indicating prejudgment of the case against Chevron. In one recorded meeting, he participated in the following exchange:
Núñez: “Any other questions for me as a judge?”
Hansen: “Oh no, I, I know clearly how it is, you say, Chevron is the guilty party?”
Núñez: “Yes Sir.”
Hansen: “And the, the, the act (decision) is October or November of this year?”
Núñez: “Yes Sir.”
Hansen: “And it’s….?”
Núñez: “No later than January.”
Hansen: “January 2010. And the money is twenty-seven (billion dollars)?”
Núñez: “It might be less, and it might be more.”
The last recorded meeting showed details regarding the bribes. It occurred June 22 at the Alianza PAIS office in Quito. During the meeting, Garcia confirmed the details of the bribe:
Borja: “OK. Of the three million … one million is for the judge?”
Garcia: “Yes.”
Borja: “One million for the presidency…?”
Garcia: “Yes.”
Borja: “And one million for the plaintiffs?”
Garcia: “Yes, that’s right.”
Borja: “But, Loco, for the plaintiffs, who gets the money? Fajardo?”
Garcia: “No. The thing is, we’re going to handle it here.”
Borja: “You mean Alianza PAIS would receive the payment here?”
Garcia: “Right.”
Evidence of the bribery plot was brought to Chevron’s attention in June by an Ecuadorian citizen, who was pursuing business opportunities in Ecuador along with an American businessman.
The Ecuadorian, Diego Borja, has performed work for Chevron as a logistics contractor. Borja also has a relative who works as a contractor to Chevron. The American, Wayne Hansen, has no relationship to Chevron.
Since the time that the recordings came into Chevron’s possession, the company has made extensive efforts to authenticate and preserve the information.
Recording 1, Spanish Transcription and English Translation
Recording 2, Spanish Transcription and English Translation
Recording 3, Spanish Transcription and English Translation
Recording 4, Spanish Transcription and English Translation
Saturday, August 29th 2009
“Ecuador’s president is threatening to close a major television network after it aired a tape of a conversation between him and a member of the assembly that drafted a new constitution last year. President Rafael Correa said Saturday that Teleamazonas violated regulations against taping private conversations. He warned that spying on the president “is a crime against state security.”
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