SAN RAMON, Calif.--(BUSINESS WIRE)--Mar. 4, 2014--
The U.S. District Court for the Southern District of New York today
ruled that the $9.5 billion judgment against Chevron Corporation in
Ecuador was the product of fraud and racketeering activity, finding it
unenforceable.
The nearly 500-page
ruling finds that Steven Donziger, the lead American lawyer behind
the Ecuadorian lawsuit against the company, violated the federal
Racketeer Influenced and Corrupt Organizations Act (RICO), committing
extortion, money laundering, wire fraud, Foreign Corrupt Practices Act
violations, witness tampering and obstruction of justice in obtaining
the Ecuadorian judgment and in trying to cover up his and his
associates’ crimes.
The court found that Donziger and his team “wrote the [Ecuadorian]
court’s Judgment themselves and promised $500,000 to the Ecuadorian
judge to rule in their favor and sign their judgment.” As Judge Lewis
Kaplan stated in the court’s
ruling: “The wrongful actions of Donziger and his Ecuadorian legal
team would be offensive to the laws of any nation that aspires to the
rule of law, including Ecuador – and they knew it. Indeed, one
Ecuadorian legal team member, in a moment of panicky candor, admitted
that if documents exposing just part of what they had done were to come
to light, ‘apart from destroying the proceeding, all of us, your
attorneys, might go to jail.’ It is time to face the facts.”
“Today’s decision is unequivocal: The Ecuadorian judgment against
Chevron is a fraud and is the result of criminal acts by a handful of
corrupt lawyers looking to enrich themselves,” said Hewitt Pate, Chevron
vice president and general counsel. “Chevron’s reputation was taken
hostage and held for a multibillion-dollar ransom. Rather than give in
and pay these criminals off, Chevron exposed the truth. Chevron is
pleased with today’s judgment. We are confident that any court that
respects the rule of law will likewise find the Ecuadorian judgment to
be illegitimate and unenforceable.”
During the seven-week RICO and fraud trial, Chevron presented unrebutted
evidence detailing the extent of the fraudulent acts undertaken and
directed by Donziger, his Ecuadorian legal team and other associates,
including fabricating environmental evidence, pressuring scientific
experts to falsify reports, plotting to intimidate judges into handing
down favorable rulings, bribing court-appointed experts, ghostwriting
court reports and even drafting the final judgment. Today’s judgment
made clear that Donziger and his associates resorted to fraud due to the
lack of evidence to support their claims against Chevron.
Today’s ruling prohibits Donziger and his associates from seeking to
enforce the Ecuadorian judgment in the United States and further
prohibits them from profiting from their illegal acts.
Chevron has never operated in Ecuador. Texaco Petroleum (TexPet), which
became a subsidiary of Chevron in 2001, was a minority partner in an
oil-production consortium in Ecuador along with the state-owned oil
company, Petroecuador, from 1964 to 1992. After TexPet turned its
remaining share of the oil operations over to Petroecuador in 1992,
pursuant to an agreement with Ecuador, TexPet agreed to conduct a
remediation of selected production sites while Petroecuador committed to
perform any remaining cleanup. The government of Ecuador oversaw and
certified the successful completion of TexPet’s remediation and fully
released TexPet from further environmental liability. Petroecuador,
however, failed to conduct the cleanup it promised and has continued to
operate and expand oil operations in the former concession over the past
20 years.
An international arbitration tribunal in The Hague has already ruled
that the Republic of Ecuador released Texaco – and therefore Chevron –
from liability for all public interest or collective environmental
claims through agreements signed in the 1990s. The Lago Agrio
plaintiffs’ lawyers have repeatedly admitted, and the relief in the Lago
Agrio judgment makes clear, that their claims are exclusively collective
and not individual.
“Chevron believes that the people of the Oriente deserve a better
quality of life. They lack basic infrastructure, including water and
sewage treatment. We hope that this ruling will prompt the government of
Ecuador and Petroecuador to finally take responsibility and address the
issues facing the region and its people,” Pate added.
Chevron is one of the world’s leading integrated energy companies, with
subsidiaries that conduct business worldwide. The company’s success is
driven by the ingenuity and commitment of its employees and their
application of the most innovative technologies in the world. Chevron is
involved in virtually every facet of the energy industry. The company
explores for, produces and transports crude oil and natural gas;
refines, markets and distributes transportation fuels and other energy
products; manufactures and sells petrochemical products; generates power
and produces geothermal energy; provides energy efficiency solutions;
and develops the energy resources of the future, including biofuels.
Chevron is based in San Ramon, Calif. More information about Chevron is
available at www.chevron.com.
Source: Chevron Corporation
Chevron Corporation
Morgan Crinklaw, +1 925-790-6908
mkwz@chevron.com