SAN RAMON, Calif.--(BUSINESS WIRE)--Jul. 5, 2018--
An appeals court in Argentina has rejected an attempt to enforce a
fraudulent Ecuadorian judgment against Chevron Corporation, making
Argentina the latest country where courts have dismissed the judgment
found by U.S. courts to have been obtained through racketeering and
corruption.
The three-judge panel from the Chamber of Appeals in Buenos Aires
unanimously dismissed the action against Chevron Corporation for lack of
jurisdiction. The Chamber of Appeals concluded that Chevron Corporation
has no legal presence or assets in Argentina and that the Ecuadorian
judgment cannot be enforced against Chevron Argentina SRL and other
indirect local subsidiaries because they are separate legal entities
with no connection to the Ecuadorian case. In so ruling, the Chamber of
Appeals agreed with the reasoning of the lower court judge’s decision
and the recommendation from the Argentinean prosecutor’s office.
“The local courts lack international jurisdiction to hear the main claim
because there is no reasonable point of connection between the case and
the forum,” the Chamber of Appeals said in its decision on July 3. The
court added that the absence of this point of connection prevents
Argentinean courts from recognizing or enforcing the Ecuadorian judgment.
“Just weeks after favorable court decisions in Brazil, Canada, and
Gibraltar, the extortion scheme against Chevron continues to collapse,”
said R. Hewitt Pate, vice president and general counsel, Chevron
Corporation. “Argentina’s court of appeals has tossed out this case, and
any court that respects the rule of law should do the same.”
In 2014, a U.S. federal court found that the judgment issued against
Chevron Corporation by a court in Ecuador was the product of bribery,
extortion, money laundering, wire fraud, witness tampering and
obstruction of justice. The U.S. court also prohibited enforcement of
the Ecuadorian judgment in the United States and prohibited the
wrongdoers from profiting from the judgment anywhere in the world. The
U.S. federal court judgment is now final after having been unanimously
affirmed by the U.S. court of appeals and denied review by the Supreme
Court.
Since Chevron Corporation has never had any assets in Ecuador, the
plaintiffs, led by American lawyer Steven Donziger, are attempting to
enforce the Ecuadorian judgment in other jurisdictions.
The Chamber of Appeals found the appellants liable for the cost of the
appeal.
“Chevron will continue to hold those attempting to profit from this
fraudulent scheme accountable,” Pate said.
Since the extent of the fraud was revealed, more than a dozen former
insiders and allies have abandoned Donziger and his scheme, including
his former co-counsel, environmental consultants, funders, investors,
employees and Ecuadorian collaborators.
Any current environmental conditions in the former concession area in
Ecuador are the exclusive responsibility of the Republic of Ecuador and
its national oil company. Chevron Corporation has never operated in
Ecuador. An indirect subsidiary of Texaco Inc. properly carried out a
government-approved and supervised environmental remediation program in
Ecuador after the government took over its minority interest in 1990.
Ecuador’s national oil company has been the exclusive owner and operator
for the past 26 years, significantly expanding operations during that
period.
Last month, Brazil’s Superior Court of Justice ended the Ecuadorian
plaintiffs’ attempt to extend their fraud to Brazil, declaring final its
decision last November to dismiss the enforcement action in that
country. In May, the Ontario Court of Appeal affirmed a lower court’s
decision to dismiss the plaintiffs’ enforcement action against Chevron
Canada Ltd., an indirect subsidiary. Also in May, the Supreme Court of
Gibraltar issued a judgment against plaintiffs’ lead Ecuadorian lawyer
and representatives for their role in procuring and attempting to
enforce the fraudulent Ecuadorian judgment, ordering them to pay Chevron$38 million in damages.
See a translation of the Chamber of Appeals decision here.
Chevron Corporation is one of the world's leading integrated energy
companies. Through its subsidiaries that conduct business worldwide, 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 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
Braden Reddall, +1 925-842-2209