SAN RAMON, Calif.--(BUSINESS WIRE)--Dec. 16, 2015--
The Supreme Court of Gibraltar has issued a judgment
against Amazonia Recovery Ltd., a Gibraltar-based company set up to
receive and distribute funds resulting from a fraudulent Ecuadorian
judgment against Chevron. The company was established in 2012 by Steven
Donziger, the lead American lawyer behind the lawsuit, and his
associates. The court awarded Chevron $28 million in damages and issued
a permanent injunction against Amazonia, preventing the company from
assisting or supporting the case against Chevron in any way.
“This decision is yet another example of how the international scheme
against Chevron continues to erode,” said R. Hewitt Pate, Chevron’s vice
president and general counsel. “We will continue to seek to hold the
perpetrators of this racket accountable for their actions.”
Chevron filed claims against Amazonia before the Supreme Court of
Gibraltar in 2014 asserting that the company is a vehicle to perpetuate
the ongoing fraud scheme against Chevron and whose express purposes are
to pay the expenses of the scheme; to procure additional funding; to
issue shares of the company to lawyers, advisors and funders; and to
receive and distribute proceeds from the scheme, including the
fraudulent $9.5 billion Ecuadorian judgment. Chevron also alleged that Amazonia
is owned and controlled by Donziger and his team and is essentially a
clearinghouse for incoming funding and support and outgoing proceeds.
The company was established for the purpose of ensuring that any
proceeds realized from the judgment against Chevron would be kept out of
Ecuador, allowing Donziger and his team to control who got paid, in what
order and in what amount.
Donziger’s Ecuadorian associate Pablo Fajardo, who is also a director of
Amazonia, initially filed a statement of defense on behalf of the
Gibraltar-based company. However, despite several orders by the court,
Amazonia failed to participate further in the proceedings in violation
of the court’s orders. As a result, on Dec. 9, 2015, the court issued a
default judgment against Amazonia, awarding Chevron $28 million in
damages based on legal fees, and a permanent injunction prohibiting
Amazonia from further participation in the scheme.
On March 4, 2014, Judge Lewis Kaplan of the U.S. District Court for the
Southern District of New York ruled
that the $9.5 billion judgment against Chevron in Ecuador was the
product of fraud and racketeering activity, finding it unenforceable in
the United States and holding Donziger liable for RICO violations. In
his opinion, Judge Kaplan described Amazonia as a “Gibraltar
company…through which the property collected on the judgment is to be
funneled.” While Donziger and his team are appealing certain aspects of
Judge Kaplan’s decision, they have not challenged the court’s factual
findings, which detail the extent of the fraudulent scheme.
Chevron still has conspiracy claims pending in Gibraltar against Pablo
Fajardo, Luis Yanza and Ermel Chavez, who are directors of Amazonia.
This is the latest in a series of setbacks for Donziger and his team. In
May, a Brazilian Deputy Prosecutor issued an opinion recommending that
the country’s high court not recognize the Ecuadorian judgment for
enforcement because it was procured by corrupt means. Additionally, a
number of former supporters of the lawsuit have repudiated the unethical
tactics of Donziger and have abandoned their financial interest in the
case, including his principal
investor and other funders.
During the RICO trial more than a dozen former insiders and allies
testified against Donziger, including his former co-counsel,
environmental
consultants, employees and Ecuadorian
collaborators.
Chevron Corporation is one of the world’s leading integrated energy
companies. The company is involved in virtually every facet of the
energy industry. Chevron explores for, produces and transports crude oil
and natural gas; refines, markets and distributes transportation fuels
and lubricants; manufactures and sells petrochemicals and additives;
generates power and produces geothermal energy; and develops and deploys
technologies that enhance business value in every aspect of the
company’s operations. Chevron is based in San Ramon, Calif. More
information about Chevron is available at www.chevron.com.
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Source: Chevron Corporation
Chevron Corporation
Morgan Crinklaw, +1 925-790-6908
mkwz@chevron.com