Updated: 5 days ago
Only 1,500 of this Beautiful Race and Culture Remains: Chevron Has Poisoned All of Them with the Help of American Judges
This is supposed to be a legal BLOG so I will do this piece with legal formality -- point headings and all. Even though I have lost all respect for America and its justice system, I promise to be respectful. But first some theme music as part of the multi-media presentation: Murder By Numbers by Sting -- a big Amazon Rain Forest Guy.
This is Part 4 of a series of pieces.
When we left off in Part 3 of the continuing saga:
(1) I was trying to convince Steven Donziger’s “inner circle” of environmentalists and Harvard Law grads that Donziger and his clients – the nearly extinct Indigenous Peoples of the Ecuadorian Amazon – should bring a RICO action against Chevron and the law firm of Gibson Dunn for various violations of the law. These violations have helped hasten the extinction of the Indigenous People – that began with Chevron’s mass poisoning.
Mr. Donziger’s inner circle was more than skeptical. They cited to various things that Chevron's lawyer Gibson Dunn would do to people who brought such a lawsuit mostly involving paper. It was not that Gibson Dunn would give someone paper cuts or take large legal motions and bang you over the head with them.
A Paper Cut: Yikes
It was things like massive subpoenas, frivolous motions and lawsuits and yada … yada … yada. Or they would fuck up your merger. Donziger’s inner circle was big on that: “they threatened to destroy the law firm’s [the folks that represented Donziger] merger.” Actually they can only hurt you if a corrupt judge is on the case. I demonstrated that in the last episode. In front of a fair judge they get their ass handed to them.
Gibson Dunn Later Took this Frivolous Case and Added God as a Defendant: Idiots
Also I remind everyone that physics still controls. Paper is flimsy. For instance a fist or any number of objects can go right through paper. Paper is not inherently scary. But if their is a corrupt Judge on a case Gibson Dunn can make your life hell using paper. Here is an excerpt from the motion to dismiss written by Donziger's defense attorney in the Chevron/Genocide Judge Corporate criminal prosecution of Donziger:
As outlined in Mr. Donziger’s motion for a protective order dated June 15, 2018, Chevron and its lead law firm Gibson Dunn had already repeatedly demonstrated a tendency to use information taken in discovery to harass, intimidate, and publicly malign Mr. Donziger and allies and supporters of the cause of environmental justice in the Ecuadorian Amazon. 691 Dkt. 2026. In particular, Chevron and Gibson Dunn had a history of using distorted and decontextualized information from discovery to pursue third-parties with “blitzkrieg” style litigation strategically designed to impose massive expense and reputational harm on those parties and forcing them into a settlement posture. Id.; Tr. at 704. As part of the settlement, Gibson Dunn lawyers would “ghostwrite” denunciations of Mr. Donziger and the Ecuadorian cause and force the third-party to sign the denunciation as part of the settlement, regardless of the party’s actual beliefs. Id.
Tellingly, after Judge Kaplan denied Mr. Donziger’s motion for a protective order, Gibson Dunn engaged in exactly this course of conduct with third-party Katie Sullivan and others. Even though Ms. Sullivan immediately agreed to comply with all of Chevron’s discovery requests, Gibson Dunn lawyers engaged in repeated public attacks on her character and continuously generated litigation until Ms. Sullivan had spent over $170,000 in legal fees and agreed to do whatever Chevron wanted in order for “this to be over as quickly as possible,” as she acknowledged at deposition. Gibson Dunn lawyers ghostwrote a declaration denouncing Mr. Donziger that Ms. Sullivan signed. At deposition, however, Ms. Sullivan acknowledged that she had no personal knowledge of numerous points stated in the declaration, and that she outright disagreed with other points.
See, e.g., 691 Dkt. 2125 at 2-8. Chevron and Gibson Dunn engaged in similar abusive litigation tactics against numerous other third parties as well.
Whoa as we'll see later that is fraud on the Court by an officer of the Court. (Also, always remember the lesson of physics and paper)
This "Man" did not respect paper too much but knew his physics ("The pen was not mightier than the drive by shooting")
(2) In any event my former Law Professor – a distinguished Yale Graduate – suggested that the best way I could help Steven Donziger and the Indigenous People out would be to:
“write an Op Ed piece.”
So I have written a few including this one. No one really reads them. Thank God.
(3) In any event I concluded that a 28.5 billion dollar RICO – plus attorney’s fees (God love them) – could not be brought because it was now beyond the statute of limitations – that’s not my fault.
(4) But I stated that in this installment I would inform everyone of a very potent law suit that could be brought; and in a court that would not be corrupt – at least not like the Court that entertained the Civil RICO against Donziger and the Indigenous People (destroying the 9.5 billion dollar judgment). We will get to that.
To tell you the truth I am all Donzigered out.
To my close knit twitter family – we all know this case already. We all have Donziger in common. For the very few people who will read this and do not know this case – well here it is – courtesy of the multi-media presentation you can learn all about it. (See the links below)
There's the ever popular (not really) "The Malignant Degeneracy of the 2nd Circuit" (An overwrought and overthought poor title)
There's the commercial failure "The Second Circuit: Where Judges Can Do Whatever the Fuck they Want" (That's a cool title though)
And critic's choice "The Genocide Judges" (Best title because it makes the point so well and catchy) (I hope it continues to go largely unread)
It is still shocking … As shocking as ever. For three decades Chevron intentionally – as in “on purpose” – dumped billions. That’s billions with a “B” … let me start again … Chevron intentionally dumped billions of gallons of toxic chemicals and oil into the rivers, lakes, streams and soil of the Ecuadorian Amazon.
Let me be clear. The following did not occur in Ecuador:
PABLO: Ayyy caramba ... Hey Jesus ... I fucked up and accidentally spilled a barrel of this stuff into the stream. Is Chevron going to be mad at me patron?
JESUS: Oh shit votto ... that's like highly toxic stuff man. That shit can hurt the nice people around here hermano. Chevron will go loco on you bro. They don't want to fuck up the beautiful pristine Amazon which are the fucking lungs of the earth ... stop smoking weed on the job pendaho.
The above did not occur once -- let alone billions and billions of times.
Again the mega billions of gallons of toxic chemicals were intentionally dumped by Chevron into the rivers, lakes, streams and soil of the Ecuadorian Amazon.
Jesus (as in God's alleged son and not the above character) ... Billions of gallons … They nuked an area the size of Rhode Island. The Chernobyl of the Amazon it’s called. Some 1,500 to 1,700 square miles of Eden officially destroyed. Ten billion gallons … twenty billion gallons … keep it coming boys … “one hundred bottles of beer on the wall …” another ten billion gallons of deadly poison in the rivers and streams … and so on and so forth. Like a Pacific ocean of oil and toxic metals just dumped on people.
By now those billions of gallons have to be in the entire Amazon basin. Way more than 1700 square miles. The water, the soil, the air, the silt at the bottom of the rivers and streams. Its working its way through. It's in the ground water. It has to be in the very green leafs of the plants. In the animals like the nearly extinct pink dolphin -- a beautiful friendly pink version of Flipper. Who would poison a pink Dolphin?
The toxic contamination is roughly 30 times greater than the more widely reported Exxon Valdez spill. But as stated this was intentional and it happened on land where people live. See below for some very sobering statistics and images:
Mama all the animals are dying.
The little boy cries out holding two dead poisoned chickens. (Watch the documentary Crude)
And oh yes ... the toxins are in the people. We know that. Cancer.
Who does things like this: Chevron's CEO Should be Forced to Watch his Family Drink This
For over a decade medical experts predicted thousands of deaths from cancer. Then Community leaders and doctors reported elevated rates of cancer in the region, as well as birth defects. As predicted literally thousands have died from cancer. Exactly how many we will never know.
Thousands are suffering from pollution induced poverty … they can’t drink the water or eat the food that comes from the land or water … so they are thirsty and starving … awaiting cancer ... if they don’t have it already. Thousands more will die … yada … yada … yada … So it goes.
And as Chevron dumped billions and billions and still more billions of gallons of these highly toxic substances, they knew that it would kill everyone. But it made them an extra five billion dollars – so what the fuck. ("The grabbing hands grab all they can -- everything counts in large amounts") Good news at the shareholder meeting. This is America. "Oh by the way its murder." "So sue us ... hah ... hah ... hah ... lol." And so on and so forth.
It is still so very sad … sadder than ever … For Donziger … For the Eden that was the Amazon Rain Forest … for the creatures that live there … and for the people dying from Chevron cancer … oh God cancer is a horrible life that has to be lived before it leads to death.
Did you ever see the close loved ones of someone who has died after a bout of cancer? They don't seem that sad. I was not nearly as sad as I thought I would be when my father left. I thought I’d kill myself when he was first diagnosed.
I took him to chemo … Held him as he vomited … Sat him on the toilet for the diarrhea … Heard his confession that he was finally impotent … Fed him … Cried with him … Watched his skin turn into scales … Watched him writhe in agony. In the end he even smelled like death. His hair and teeth fell out too. Did I mention that?
I ultimately watched him go mad until he became sane again the day before he died. He was sane when he said good bye. He asked if there was anything I needed to get off my chest. He asked if I needed to forgive him for anything. I said, “No daddy … you’ve been as close to a perfect father as anyone can be and I will always love you.” I wasn’t lying. I started to cry. He made me stop. He said if he saw me cry that he would cry too and he didn’t want to go out sniveling and crying. He was macho that way. And so it goes. He died with dignity.
But when he died the next day … some 14 and a half years ago … as I lay in bed with him … I still hate to admit it … I was relieved. If there is a God – and I doubt that there is – forgive me for saying that I was relieved. But I was so tired.
Multiply the above story by thousands upon thousands and that’s what Chevron did to nice innocent people.
As told by Steven Donziger at his Twitter account: This is Angel Toala. The year is 2007. The place is the Amazon. It is the day before Angel died of stomach cancer. For years Angel drank from a stream near his house poisoned by a Chevron well. That's how they die. They were all loved by someone.
In the documentary Crude a man about my age -- a member of the nearly extinct Cofan Nation -- talks about how two of his children died. One just stopped growing at the age of six months and eventually died. Another accompanied the family to the nearby river. She jumped into the water and bathed and drank like a baby mermaid ... as the Cofan had done for thousands of years in that pristine river of life. Later at home the baby mermaid began to vomit blood. By the next day she was dead. A six year old little girl. Her father's angel. There are only 1,500 Cofan left on the face of the earth as of 2010. Less now.
Experts predict the disappearance of five indigenous rainforest communities because of Chevron's deliberate poisoning. "Na na na na ... na na na na ... hey hey ... goodbye."
Chevron, their lawyers, and the judges they carry in their back pocket, are all guilty of genocide.
And of course the Chevron birth defects … my goodness … close your eyes and picture Chevron giving your baby a birth defect or watch Crude … yada … yada … yada … So it goes.
America’s gift to the people of the Amazon: Deadly chemicals. Greed. Fucked up Judges.
Chevron does this poisoning all over the world. In America too. Right now. Trump loved them. Biden isn’t doing anything about them. They're powerful Federalists Society people you know ... yada … yada … yada …
That's Federalist Society Chevron Poisoning People in Richmond California USA
Steven Donziger and his team hit Chevron with a 9.5 billion dollar class action judgment on behalf of the 30,000 poisoned Indigenous People who are waiting to die of cancer -- not just the Cofan -- that are all the victims of this slow motion genocide. That is not nearly enough money if you ask me.
If one of the cancer birth defect kids was my child – oh the Hell Chevron would pay. Shock and awe. To adequately predict what I would do just picture the horrific footage of America blasting the living shit out of Iraq. Thanos would ask me for death lessons.
This is what Chevron's Federalist Society HQ would look like if I were the father of a Cofan Child (I am not necessarily advocating violence but I may be)(BTW Steven Donziger authored a study of the true amount of civilian casualties in our made for TV war with Iraq -- Donziger is a humanitarian pacifist)
Oh my. I fear the legal memorandum I was going to write has gone just a tad bit astray. It has point headings. Let me right the ship and get back to the legal stuff.
Then the corrupt Southern District of New York with the full aid of the Second Circuit and the United States Supreme Court (the Genocide Judges) not only took away the judgment and the billions to try to clean the place up a bit; Donziger is now under house arrest and has been for two years for refusing to give Chevron his cell phone and computer.
What did Genocide Judge Kaplan say during the opening days of the trial that robbed the Cofan people of their last chance? What wisdom did that fair and impartial bastion of American Justice and former Tobacco company lawyer impart. He said this:
[W]e are dealing here with a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels and lubricants on which every one of us depends every single day. I don’t think there is anybody in this courtroom who wants to pull his car into a gas station to fill up and finds that there isn’t any gas there because [Mr. Donziger and his clients] have attached it in Singapore or wherever else [as part of enforcing their final Ecuadorian judgment].
"Lubricants" -- what the fuck does anal sex have to do with this. And lawyers who represented Donziger and the Cofan and could not take it anymore -- so they left the case -- they had this to say to the Court:
Motion to Withdraw by John W. Keker, Esq., 11-cv-691, Dkt. 1110 (May 6, 2013) (“It is with regret that undersigned is forced to make this motion to withdraw. This is an extraordinary case which has degenerated into a Dickensian farce… Encouraged by this Court’s implacable hostility towards Donziger, Chevron will file any motion, however meritless, in the hope the Court will use it to hurt Donziger.”). See also Sworn testimony of Deepak Gupta, Esq.:
I want to say this delicately because it’s not my habit to say anything adverse about—I have the greatest respect for the federal bench. I clerked for a federal judge. I practice before the federal courts. I have never seen a judge whose disdain for one side of the case was as palpable on the bench in ways that I think may not have always come through in the paper record. But it was fairly obvious that Judge Kaplan had great personal animosity for Steven Donziger.
"Degenerated into a Dickensian farce" -- wow. I am not surprised. It happened to me in the Southern District against State Farm, though thankfully for all, not nearly as bad.
Donziger just underwent a corrupt prosecution for the brutally hi-anus crime of contempt of court. And he’s looking at 6 months in prison. On top of that they took his Harvard Law license away. (I don’t know if he’s still invited to the alumni events but he wouldn't be able to go anyway unless they were held in his apartment.) And he owes like a million bucks to Chevron (not Harvard; hopefully he's paid off his law loans) – the people that committed and are committing the slow motion genocide. All for winning the case in Ecuador where Chevron forced them to try it. Yada … Yada … Yada … And so it goes.
Most of all Donziger is just fucking depressing. I mean it’s just mind fuck depressing. Because it really demonstrates just how evil corporations are … how evil people are … how fake democracy is in America … and the amazing amount of evil that we put up with.
How many tweets can we do … retweet … read … comment … How much YouTube can we watch? How many podcasts can we tune into. How many stories can we read in the non-main stream media because mainstream media has black listed Donziger – because they are afraid of Chevron and all the paper their lawyers can throw at you. (Its not even paper anymore -- its all electronic filing) And the New York Times uses Chevron's lawyer Gibson Dunn as their attorney. And yada ... yada ... yada. So it goes.
How can Biden complain about Navalny when we have Donziger.
For God’s sake Chris Hedges has made a cottage industry out of Donziger.
I even wrote to Greta Thunberg but she ignored me. This is going to be my second letter: “Dear Greta ... fuck you. Trump was right. It’s all about you.”
Donziger is fucking depressing because it shows that people are sheep. We're poisoning beautiful people. We're selling weapons to the Saudis -- the miscreants that attacked us on 9-11 -- so they can kill babies in Yemen with them. We’re losing our democracy. We’re losing our planet. And we’re watching our children get gunned down at their fucking elementary schools.
Is someone at least slightly agitated?
But I’m not a loser. I am ready to burn down Wall Street and a whole bunch of other stuff – unless Chevron pays the victims lots of money; cleans up the mess; and the Genocide Judges are impeached. And fuck the leaders of Ecuador too because ultimately they got paid to let this happen like any other fucking basket case country that has lineage to fucking Spain. Spain you started your rape and pillage of the Indigenous People with Columbus.
But no one will join me and everyone says I am crazy. Perhaps we could just shoot people and use the Second Amendment as a defense while we call those that would stop us communists. That playbook seems to work.
Oh no ... I fear I may have once again just ever so slightly strayed a bit from writing a formal legal piece so I will dial it down and get back to the law. There will be more point headings.
Donziger please just let me outfit you with the appropriate weapons and a little training in firearms; other weapons; and hand to hand combat. Lord knows you have plenty of time to train as you sit there under house arrest for the grisly, hi-anus, crime of contempt of court for not giving Chevron your laptop and cell phone. Meanwhile the folks that stormed the Capitol and committed insurrection by trying to overthrow our government are all carrying automatic weapons, going out to bars, massage parlors, gun ranges; or are just out and about the trailer park having sex with their cousins.
And I know we have to train in your apartment but most gun fights occur at about six to twelve feet apart so that’s cool. We have plenty of room. In fact as part of your training you will be taught to avoid open spaces where snipers can get you. How to combine magnesium filings with saw dust and gasoline to make some interesting things. M-80s on the tops of Molotov cocktails, etc. Say to yourself: “Donzy ole Harvard Law grad boy … let’s see how many of these corrupt evil fucks I can bring with me.”
You will finally get all of the mainstream media attention that you deserve ...
But Donziger is a humanitarian and a pacifist ... oh well I can still day dream --
The New and Improved "21st Century America Donziger:" ("The Polluters are Communists")
Because it’s getting as fucking depressing as a Pink Floyd song written by your very honorable and devoted friend – Roger Waters. (I love that man) …
No one told you when to run … you missed the starting gun
Yada … Yada … Yada. And so it goes.
There is no catharsis here. I want to move on. I have my opus to write:
“Trump Land USA.” It features my all too real, but satirical, ultra-right wing candidacy for Congress – where based upon QAnon I asserted, everywhere I could make an assertion, such things like i.e. my Trump fanatic opponent Lee Zeldin started the pandemic and that Zeldin’s wife is an Iranian pro-abortion clinic entrepreneur that wants to abort Christian babies, etc. yada ... yada ... yada)
– and it was supposed to end with me solving the Long Island Serial Killer Case.
The campaign is over. I lost as predicted.
I have a serial killer to find. There is like 15 dead girls that we know off; a dead transvestite and a dead baby (a toddler that belonged to one of the dead girls) to be avenged. God forgive me for saying this but that’s a happy story compared to fucking Donziger. I want to be happy again in “Trump Land USA” with a sadistic serial killer police chief that lives about three miles from me.
As my billionth aside, when I volunteered to do legal research or sharpen pencils for Donziger's Defense team they googled all the above Congress shit. They seemed aghast and I never heard from them.
My good friend and former law partner informed me on Facebook instant messaging that Buddhist monks spend their lives trying to avoid conscious thoughts. I feel them.
Author's Note: The phrase “So it goes.” (Kurt Vonnegut from “Slaughter House Five” -- It just fits.) "yada ... yada ... yada" (a TM of Seinfeld)
Conclusion of Law ... Really
This is finally going to start sounding like a legal BLOG.
You can still proceed against Chevron and Gibson Dunn – although of course not Genocide Judge Kaplan who enjoys ultimate judicial immunity for his acts that make him an accomplice to genocide. And you can get 9.5 billion dollars. In fact you can get more than the 28.5 billion dollars that a successful RICO would get you. And you can get it from a jury who probably will not like what Chevron did to the children of Ecuador. There’s plenty of film. See the Documentary Crude here. Chevron used this movie to fuck up Donziger. "How dare he be in an award winning movie about the murder of innocent people" -- said Judge Kaplan.
Warning: The Movie is Mind Fucking Depressing But its Very Good
For team Donziger simply use the same facts and proceed with a different legal theory: Fraud on the Court ... Here ... Follow closely.
The cause of action for fraud on the court is generally limited to instances where “the integrity of the judicial process has been fraudulently subverted.” We are talking the most egregious conduct that implicates an officer of the court -- like lawyers and a Judge. It has been held that courts must balance the policy of upholding final judgments against the possibility the judgment was obtained by perpetrating a fraud on the court. Federal Rule of Civil Procedure 60 sets forth the grounds under which a judgment may be set aside, but Rule 60(d)(3) states Rule 60 does not limit a court’s power to set aside a judgment for fraud on the court. Rule 60(d)(3) is the codification of a court’s inherent power to investigate whether a judgment was obtained by fraudulent conduct. Further, there is no statute of limitations for a fraud on the court claim and a court may consider such a claim even if no adversarial parties are before the court.
This rule does not limit a court's power to:
(1) entertain an independent action to relieve a party from a judgment, order, or proceeding; (3) set aside a judgment for fraud on the court.
F.R.C.P. Rule 60(d)(1) &(3)
You want to know the good part. You can get punitive damages. According to the Second Circuit, the plaintiff must present clear evidence that a defendant’s conduct reflects such a conscious and deliberate disregard of the interests of others that it may be called “willful and wanton.”
Don't make me laugh. We got that. Watch the movie.
A key factor in determining the size of the award is the wealth of the corporation. Chevron is worth some 260 billion dollars. Forty billion is only 15% of the company's worth.
Oh no. I can hear Donziger's inner circle -- "those nattering nabobs of negativism" (that’s former Nixon V.P. Spiro Agnew) -- groaning.
But I have been commissioned by Yale Law Degree Professor Eric Friedman to write an Op Ed. So I will continue.
Chevron's/Gibson Dunn's Illegal Conduct
This is taken directly from the EarthRights International brief to the Second Circuit in support of Steven Donziger. (These are Donzy’s boys – not me.) What you are about to read is heavy. Don't let the legal style of writing in which it is presented fool you. It demonstrates the classic way that the United States has acted in Central and South America: an American multi-national company has bought the military. They tried to buy the Courts of Ecuador but could not. So they bought the most corrupt judiciary in the world. The American Judiciary which is corrupt before judges even become judges. Read on:
I. Chevron engaged in a pattern of corrupt behavior first to try to win, and then to corrupt, the Ecuadorian proceedings.
A. Chevron engaged in political pressure and fraud to try to win in Ecuador.
After prevailing on forum non conveniens in the original U.S. pollution suit, see Aguinda v. Texaco, Inc., 303 F.3d 470 (2d Cir. 2002), Chevron tried to steer the re-filed Ecuadorian litigation its way. Chevron met with Ecuador’s Attorney General, see CA2 App. A-422-423,3 lobbied Ecuadorian presidents “to halt litigation,” id. A- 2202; and even lobbied the U.S. government to pressure Ecuador over the case.4 In court, Chevron repeatedly used delay, disruption, and intimidation, id. A-3212-3218.It engaged in an extensive campaign to skew the scientific sampling, including front companies that looked like independent labs, id. A-1585-1586, A-1588-1590, secret pre-inspection tests to determine how to hide contamination, e.g., id. A-3209-3210, and presenting what the court found to be “false information” regarding a nonexistent security threat which “misled” the court “to suspend a judicial proceeding,” id. A-1091-1093.
Chevron’s “Sample Manager,” Diego Borja, id. A-3154, was recorded saying he had evidence of Chevron’s illegal conduct, “conclusive evidence, photos,” “things that can make the [Ecuadorians] win,” id. A-1572-1573. He said he set up companies for Chevron, id. A-1588, had “proof” that the laboratories “belonged to [Chevron],” id. A-1585-1586, and that the judge would “close them down” if he discovered how Chevron “cooked things,” id. A-1590. Chevron’s lawyers were repeatedly sanctioned for obstructive behavior. Id. A-3217-3218. Ecuador’s appellate court – whose independence and impartiality was never questioned – described Chevron’s “manifest, notorious and evident bad faith” and “overtly aggressive and hostile attitude,” concluding that its “conduct … rarely seen in the annals of history of the administration of justice in Ecuador, was abusive to the point that, should this Division overlook such attitude,” it would set “a disastrous precedent.” Id. A-467.
B. Chevron planned for a future challenge to a judgment by attempting to corrupt the Ecuadorian proceedings and vilifying the plaintiffs and their lawyers.
Before Chevron discovered any alleged evidence of misconduct, it sought to manufacture a storyline of corruption. In October 2008, Chevron’s public relations consultant proposed “message themes” including “Government by Extortion in Ecuador,” “Collusion between the government and the plaintiffs,” and “justice as thin as the air in the Andes.”(5) This included promoting the false claim that “the case was thrown out in America for fakery and deceit,” and focusing on the “American attorney … pulling the strings of an emerging banana republic in Ecuador”: Donziger.(6)
Chevron implemented this strategy in 2009 by sending Borja, posing as a businessman, to create a bribery scandal. Borja illegally recorded meetings with then presiding judge Juan Nuñez, but Nuñez refused to discuss whether he would rule against Chevron. See, e.g., CA2 App. A-3265-3268. Borja delivered the recordings to Chevron’s U.S. counsel, but then met in Ecuador with a businessman – without Nuñez present. Id. A-3154-3155, A-3266-3267. At that meeting, Borja discussed a bribe, but no evidence suggests Nuñez contemplated bribes, and Borja later admitted “there was never a bribe.” Id. A-3266-3268. But as Borja explained, “you don’t only win with evidence, but with media.” Id. A-1582. Chevron publicly claimed that the recordings revealed “a $3 million bribery scheme implicating Judge Nuñez.”(7) Chevron then claimed that it “would be denied the right to impartial justice and due process” unless Nuñez’s rulings were annulled, (8) which Borja admitted was the scheme’s purpose. CA2 App. A-1581. Chevron lied to the Ecuadorian court, (6) (Id. 7) asserting Borja no longer worked for Chevron, id. A-3154, and publicly claimed thatthe recordings were made “without Chevron’s knowledge.”9
Chevron then secured Borja’s loyalty by paying him more than $2 million in cash and benefits. See CA2 App. A-3155; A-1591-1593; Dkt. 1874 at 466.10 On Chevron’spayroll, Borja signed a declaration disavowing his earlier statements regarding evidence damaging to Chevron. See Decl. of Diego Borja, Dkt. 21-3, In Republic of Ecuador, No. C-10-80225 MISC (filed Oct. 6, 2010).
While Chevron failed to annul Judge Nuñez’s rulings, the fake scandal led him to recuse himself. CA2 App. A-3218. Judge Nicolas Zambrano took over. Chevron then used the incident in an arbitration claim against Ecuador, alleging the proceedings violated the Ecuador-United States Bilateral Investment Treaty (BIT).(11)
According to Chevron’s Ecuadorian counsel, in late 2009, ex-Judge Alberto Guerra – who had previously presided over the case – approached Chevron, suggesting he could be an intermediary with Judge Zambrano to “fix” the case for Chevron. CA2 App. A-1864-1865; Dkt. 1874 at 229. The case was reassigned toanother judge in 2010, but Chevron orchestrated his recusal so that Judge Zambrano returned. See Dkt. 1874 at 22-23; CA2 Dkt. 353-2 at 96-97. Instead of reporting an alleged bribery offer, Chevron made sure that the judge allegedly involved decided its case.
The above is the cloak and dagger, international espionage, despicable conduct of a major miscreant corporation in modern day colonialism. What follows is the most important facts for the Donziger Indigenous People lawsuit.
II. Chevron’s witness payments fundamentally corrupted the underlying civil proceedings.
Guerra proved unable to fix the case for Chevron, and Zambrano issued a landmark judgment against the company in 2011. But Chevron had already sued Donziger, and Guerra became its star witness in the RICO suit. The judge who had offered to “fix” the case then fixed his testimony for Chevron, lying on the stand while accepting millions from Chevron.
A. Chevron illegally paid its star witness.
Guerra was aware of Borja’s compensation, CA2 Dkt. 461-2 at 34, and approached Chevron after the judgment, looking “to negotiate a large payment,” Dkt. 1874 at 247. In July 2012, Chevron sent a lawyer to Ecuador with $18,000 cash in a suitcase. CA2 App. A-2804; A-3008-3009. Recordings show Chevron’s lawyer and Guerra negotiating payment. Id. A-2768-2769 (Guerra asks to “add a few zeroes” to Chevron’s “starting figure”). Guerra was, however, unable to produce a draft of the judgment as he had promised. Id. A-2814, A-2817-2819.
Offering payment to a witness for testimony is a federal crime. 18 U.S.C. § 201(c)(2). [Got ya ... That's big in my proposed lawsuit] But Chevron used Guerra to try to reach a deal with Zambrano, both offering Guerra more money for such a deal, CA2 App. A-2786, and offering Zambrano “a minimum of $1 million or whatever he wanted” to cooperate – yet Zambrano refused. Dkt. 1874 at 256 n.1072.
Chevron was thus forced to rely on Guerra’s testimony, paying him handsomely for it. Chevron knew Guerra was corrupt; he admitted to taking bribes as a judge and paying bribes as a lawyer, and had solicited bribes from Chevron to fix the Ecuadorian case. Id. at 250-52. Nonetheless, in January 2013, Chevron and Guerra signed a two-year contract with a renewal option, in which Chevron would pay Guerra to “make himself available to testify” in the RICO case and “to testify … at the request of Chevron in any … proceedings related to or concerning the [Ecuador] Litigation.” CA2 App. A-1302-1303. Guerra was promised $10,000 more prior to deposition, id. A-3065-66, and paid just before his trial testimony, id. A-771-772. Chevron paid him at least $168,000 in cash alone before he testified, with another $180,000 promised. Chevron then renewed his contract just before Guerra’s arbitration testimony. CA2 Dkt. 461-2 at 70.
Since July 2012, Chevron had given Guerra at a minimum:
$432,000 in monthly cash payments;
$48,000 in cash in exchange for evidence;
$12,000 for household items;
Payment of all U.S. taxes;
A new computer;
Moving expenses for Guerra and his family;
Health insurance for Guerra and his family;
A car and car insurance; and
A personal attorney, immigration attorney, Ecuadorian attorney, tax attorney, and accountant.
See CA2 App. A-1302-1303, A-1370, A-770, A-778; CA2 Dkt. 461-2 at 60, 69.
I.e. Chevron bought the star witness. Team Donziger has a good case. But it gets better.
B. After the District Court relied on Guerra’s testimony, he recanted significant parts.
Despite the obviously criminal arrangement, the RICO judgment relied heavily on Guerra’s testimony. Indeed, this testimony was the only “evidence” that anyone bribed Judge Zambrano to rule against Chevron. See Dkt. 1874 at 279-81. The district court found that Guerra was telling the truth, id. at 265, and thus found that the Ecuadorians’ lawyers organized a scheme to pay $500,000 to Judge Zambrano and “ghostwrote” the judgment, although the district court did not find that Zambrano was ever paid (and there was no evidence that he was). Guerra was the only one who was actually paid, of course – more than what Zambrano wasallegedly promised – and the district court also found that Zambrano refused to cooperate with Chevron despite being offered twice this amount.
While there were plenty of reasons to believe Guerra was lying, there is now proof. In the arbitration proceedings, Guerra recanted aspects of his testimony, including that Zambrano had promised Guerra 20% of a bribe from the plaintiffs – his “sworn statement in New York … wasn’t true.” CA2 Dkt. 461-2 at 37. He repeatedly said that he “lied” or “exaggerated” or “wasn’t truthful” both in his testimony, CA2 Dkt. 461-1 at 6-8; CA2 Dkt. 461-2 at 12, 41, 58; and to Chevron, “to improve” his negotiating position, CA2 Dkt. 461-2 at 12. This is exactly why paying a witness for testimony is a crime: even if not directed to lie, the incentive to do so is strong.
Guerra’s later testimony also undermined some of the supposed evidence of the alleged ghostwriting. Guerra alleged, and the district court found, that when Chevron declined his offer to “fix” the case, Guerra agreed with the Ecuadorians’ counsel to “move the case along in their favor,” but not to fix the outcome. Dkt. 1874 at 229-30. Shipping records showing that Guerra exchanged packages with Zambrano allegedly corroborated this story. Id. at 227. But Guerra later confirmed that none of the shipments related to the Chevron case. CA2 Dkt. 461-2 at 17.
In addition to Guerra’s admitted lies, the arbitration turned up additional evidence contradicting Guerra’s story. Guerra’s RICO testimony was that he obtained a draft judgment from the Ecuadorians’ lawyer “[a]bout two weeks before the Judgment was issued,” and made only “minor” edits. Dkt. 1874 at 245-46.
Nonetheless, despite extensive additional forensic analysis in the arbitration proceedings, no draft judgment was ever found on Guerra’s computer or in hard copy, nor any other evidence Guerra edited the judgment. Dkt. 461-2 at 11. There were no emails nor phone records of any communications between Guerra and Zambrano, nor the Ecuadorians’ lawyers, regarding the judgment, id. at 11, 64; no written communications or recordings showing an agreement with Zambrano nor evidence of any payment to Zambrano, id. at 11.
III. Chevron harassed, intimidated and punished those who supported Donziger.
In addition to paying witnesses for favorable testimony, Chevron brought its wrath upon those who might support Donziger or testify against the company. Chevron secured favorable testimony by threatening and coercing opponents.
Chevron sued Stratus Consulting, which performed environmental analysis in the Ecuador litigation, and repeatedly sent letters to its clients falsely claiming “fraudulent” and “corrupt activity” by Stratus had been proven in court, and requesting that they “sever ties” with Stratus. Dkt. 768-2; Dkt. 768 at 99-109.
Chevron used this leverage to secure a settlement which included a promise by Stratus scientists to testify, Dkt. 1002 at 6, and to testify a certain way: they promised not to “assert the factual or scientific validity or accuracy” of a particular expert report, id. at 8. As with Borja, Stratus recanted its prior positions after Chevron provided it with something of “value,” 18 U.S.C. § 201(c)(2) – agreeing to drop its lawsuit. See generally Dkt. 1422.
Chevron also engaged in a harassing discovery campaign against dozens of individuals and organizations that had worked with or supported the Ecuadorians at any point. For example, requests against a lawyer allegedly involved in financing the Ecuador litigation were “propounded to harass and intimidate,” and “set up a future claim against” him. Chevron Corp. v. Snaider, 78 F. Supp. 3d 1327, 1350 (D. Colo. 2015). A subpoena for another lawyer was “meant to harass,” and warranted sanctions. Chevron Corp. v. Salazar, No. 11-0691, 2011 U.S. Dist. LEXIS 153066, at *9 (D. Or. Nov. 30, 2011). See also Chevron Corp. v. Donziger, No. 13-mc-80038, 2013 U.S. Dist. LEXIS 49753, at *9, 11, 15-16 (N.D. Cal. Apr. 5, 2013) (“egregiously overbroad” subpoena for organization “critical of Chevron[ ]” would “discourage First Amendment activity”)
Here is my short analysis. That's fraud on the Court. And although its true, Chevron cannot really argue the following -- "how could we have committed fraud on the Court, when the very Court itself was fraud." In fact the Court would be an unnamed Defendant.
I even know where to bring the suit. The same Court that quashed the above Gibson Dunn subpoena. The above Northern District of California. That's the venue where Chevron's HQ is located so its perfect. What are they going to say to get back to the SDNY -- "we're entitled to the same corrupt genocide judge three thousand miles from our HQ."
There are times where by obeying the Government, one is actually breaking every single law of morality.
Germans obeyed the Nazis in another genocide.
This is a case where the Government should be openly defied with much force. If America ever really existed that would be the American thing to do.
And let us face it when one looks at Chevron's conduct --does anyone doubt that they would kill Steven Donziger if it solved their problems. But Steven Donziger is good for Chevron alive. A living breathing Donziger can be slowly crucified as a message to all who would walk in his shoes.
Meanwhile the guys below would beat the shit out of Gibson Dunn. See how they handled a corrupt Judge and a very large and evil corporation.