Ecuador Judge Says Recuses Himself From Lawsuit Vs Chevron

Preview for Sunday 090609

Hey folks,

Welcome to the Big Sunday Edition of the OPNTalk Blog. Glad you could make it. Seems Obama is learning, he is NOT Omnipotent. He can not get his Cap and Tax passed, he is failing BIG TIME on Obamacare, and now the Anti-War Kooks are coming out against him on Afghan. Just rumblings right now, but it's building.

First, privately, the Top Generals were told to ask for anything they want, with one exception, do not DARE ask for more troops. When this news came out, of course, publicly Obama and Crew suggested a willingness to consider an increase. However, then Harry Reid just said that we must build up the Afghan Army, send more civilians to Afghanistan to provide economic and political assistance, and reach out to Taliban supporters who are willing to recognize the Kabul government. He doesn't want more Troops. I guess he thinks "This War is Lost." also. Welcome to the Big Leagues Barack. Now go back to just being their Puppet. Give great speeches and let them do whatever they want. {Smile}

Anyway, coming right up today?


Pep Talk or Brainwashing, Obama School Kids Speech
Obama Attacking Israel
Astroturfing
Defending the American Dream
Cows Farting? Feed Them Seaweed
IWA for Sunday 090609


But first I wanted to give you an update. Back on Tuesday, September 1, 2009, I posted this.
Video Of Judge Being Bribed 3 Million Dollars Well he is no longer presiding over this case? REALLY? After this came to light, he feels he can no longer show impartiality? {Laughing}

Ecuador Judge Says Recuses Himself From Lawsuit Vs Chevron

QUITO (Dow Jones)--The Ecuadorean judge purportedly caught on videotape discussing a multi-billion dollar lawsuit against Chevron Corp. (CVX) has recused himself from the on-going case, Judge Juan Nunez said Friday.

Chevron released recordings Monday that it claims shows Nunez, who oversees the Lago Agrio court where the trial is being held, affirming that he would hold the oil company culpable for environmental damages. It said the videos prove the judge should be disqualified from the case.

You THINK?

Nunez has contended that the video footage was manipulated. Chevron has said the videos are authentic and haven't been doctored.

"I have communicated with both sides in this case that I recuse myself from continuing with this case," Nunez told Dow Jones Newswires. "However, I will continue with my work as a judge, and as president of the Lago Agrio Court, because I have not committed any illegality or irregularity."

Nah, just agreed to rule in favor of a Plaintiff for the sum of a Million Dollars. Nothing illegal of irregular there. Not in Ecuador at least. But he is still the President of the Court, so whichever Judge takes up the case still has to content with him. He still has some say in this mess, but now he will be watched VERY Closely. He should not only be removed, he should be JAILED.

Nunez declined to explain the reason for his recusal. He did say that he had notified both Chevron and the plaintiffs, a group residing in the Amazon region that accuses Chevron of being responsible environmental contamination that took place decades ago, of his recusal.

The group claims that Chevron should pay for pollution caused by the oil operations of Texaco, which the energy giant acquired in 2001, while Chevron says Ecuador released it from liabilities after a cleanup by the company.

They were released. The FACTS are clear who is to really blame. It's NOT Chevron.

Be right back after I go fill my cup. Today I think I'm just sticking with a favorite, Eight O' Clock, Wholebean "Hazelnut" www.eightoclock.com Yes D.S. That would be coffee. {Smile} Be right back.
Peter

Sources:
AP - Dems signal resistance to Afghan troop increase
OPNTalk - Video Of Judge Being Bribed 3 Million Dollars

Video Of Judge Being Bribed 3 Million Dollars

From the Energy Front 090109

Hey folks,

A while back, back on May 25, 2009 to be exact, I posted this. Chevron's Ecuadorian Battle, More At Stake Than You Think I told you this.

"Now I know some of you are sitting back, even after watching the Video, saying, OK. This is interesting, but why should I care? How does any of this effect me? It is going to effect you in ways that you can not even imagine. This is nothing more than attempt, riddled with corruption, to shake down the Chevron Corporation for 27 Billion dollars for something they have no hand in. But that does not matter. They want to put the blame on them and charge them with all these environmental travesties. However, what will this case ACTUALLY do?

A- This will set a prescient that can and will be used in the future to redistribute wealth. An excuse to steal Chevron and other Oil Companies profits. In the name of saving the planet.

B- Will also allow them {The Lawyers, Judges, and Government} more power to control NEW Drilling in different locations. They can then say, "look what happened in Ecuador, we can not have this 'here.'" Wherever here may be.

C- Make the Lawyers and Government a lot of money.

D- Make a take over by the Government even more palatable to the American Sheeple, uh, People. This can be done the same way as the replacement of the Moritoria, and or stopping Drilling already in progress. 'Look what happened in Ecuador, we can not allow the Oil Companies to do whatever they want and make this insane amount of profit while destroying the Environment, so we will take over the industry, and they will do whatever we tell them to do.'"

Well? I just got this yesterday.

"I hope you are well my friend. I wanted to bring something to your attention. Today, Chevron provided authorities in Ecuador and the U.S. with video recordings that reveal a $3 million bribery scheme implicating the judge presiding over the environmental lawsuit currently pending against Chevron. In the videos, the judge confirms that he will rule against Chevron and that appeals by the energy company will be denied. Please take a look at the video(s) and the related materials and let me know if you have any questions."

Here is the Video


You can find the Transcripts of what was said in the Video HERE.

What is Chevron's official Responds? Here is their Press Release

Videos Reveal Serious Judicial Misconduct and Political Influence in Ecuador

Lawsuit Chevron Calls for Investigation, Disqualification of Judge in Ecuador Case

SAN RAMON, Calif., Aug. 31, 2009 - Chevron Corp. (NYSE:CVX) today provided authorities in Ecuador and the U.S. with video recordings that reveal a $3 million bribery scheme implicating the judge presiding over the environmental lawsuit currently pending against the company and individuals who identify themselves as representatives of the Ecuadorian government and its ruling party.

In the videos, the judge confirms that he will rule against Chevron and that appeals by the energy company will be denied — even though the trial is ongoing and evidence is still being received. A purported party official also states that lawyers from the executive branch have been sent to assist the judge in writing the decision.

The recorded meetings also show an individual who claims to be a representative of Ecuador's ruling political party, Alianza PAIS, seeking $3 million in bribes in return for handing out environmental remediation contracts to two businessmen after the verdict is handed down. Of that sum, he said $1 million would go to Judge Juan Núñez, $1 million would go to "the presidency" and $1 million to the plaintiffs.

The video-taped meetings occurred in May and June of 2009. Two of the meetings took place at the Quito offices of Alianza PAIS, 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 the disqualification of the judge in the case and annulment of his prior rulings.

"Chevron has consistently asserted that the case has involved improper complicity between the plaintiffs and Ecuador's executive branch and other legal irregularities," James said. "These video recordings raise additional serious questions about corruption, executive branch interference and prejudgment of the case that demand a full investigation. No judge who has participated in meetings of the type shown on these tapes could possibly deliver a legitimate decision."

Evidence of the bribery plot was brought to Chevron's attention in June by an Ecuadorian, who was pursuing business opportunities in Ecuador 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.

Borja and Hansen recorded their meetings in Ecuador without Chevron's knowledge, and neither man was paid to provide the recordings to Chevron. Because of concern for Borja's safety, Chevron has assisted him and his family with relocation expenses and other interim support.

"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," James said. "Given the highly sensitive nature of this information and our concerns about the rule of law in Ecuador, we felt compelled to put this entire matter into 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."

On May 11, Borja and Hansen attended a meeting at the Quito offices of Alianza PAIS where they were introduced to Patricio Garcia, who represented himself as an official with the party. Later, Garcia arranged for Borja and Hansen to fly to Lago Agrio for a May 15 meeting with Judge Núñez. During the meeting, held in the judge's chambers and recorded by Borja and Hansen, Judge Núñez stated that the government of Ecuador, not the plaintiffs, would receive the funds earmarked for remediation produced by the judgment against Chevron.

Subsequently, Borja and Hansen met with Judge Núñez at a Quito hotel on June 5. Attending the meeting was Juan Pablo Novoa, who represented himself as legal counsel for government officials.

During the meeting, Judge Núñez answered a series of questions about the case from the businessmen, who were seeking assurances the court proceedings would generate business. Novoa stated that "we have the political power" to direct remediation contracts and stressed the judge "is generating the work through the ruling." Novoa added, "The offer from the people in the government that I represent, I'm a delegate of them, so I'm accompanying the judge so that you can be serious about the case."

Judge Núñez confirmed that he would be issuing a ruling, the appeal would be a formality and the government would be handling the funds associated with remediation contracts. In a final exchange with the businessmen before the meeting ended, Judge Núñez revealed how he was planning to handle his ruling:

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 regarding the bribes, in which Judge Núñez was not present, 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 for the plaintiffs, who gets the money, man? Fajardo?"

Garcia: "No. On this matter, we're going to handle it here."

Borja: "You mean Alianza PAIS would receive the payment here?"

Garcia: "Right."

For the full transcripts and the complete video recordings, go to www.chevron.com/ecuador.

Chevron Corporation 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 more than 62,000 employees who operate across the energy spectrum. Chevron 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 and other renewables. Chevron is based in San Ramon, Calif. More information about Chevron is available at www.chevron.com.

So again, I know that some of you are still saying this will have no effect on you. For the reasons stated above, I beg to differ. The problem though is the fact that this prescient is attempting to be set through fraud and bribery. The Facts of this case do not even put Chevron IN Ecuador at the time of the "problems" and the facts PROVES that it was none other than the Ecuadorian Government Controlled Oil Company that caused the pollution and damages. Yet, as you can clearly see, it is Chevron that they are going after. Why? "Deep Pockets" and an opportunity to use this to further attack other Energy Companies.

But if you REALLY want to talk about environmental violations? BE RIGHT BACK!
Peter

Chevron's Ecuadorian Battle, More At Stake Than You Think

You NEED to be aware if this.

Hey folks,

In this weeks "From the Energy Front," we are going to look at the legal battle between Chevron and the Government of Ecuador. Why? Because there is far more at stake here than money, and YES, it DOES effect YOU.

You see folks;

Texaco Petroleum (Texpet) was minority partner in an exploration and production venture with Petroecuador, Ecuador's state-owned oil company. The production operation took place primarily on government lands and was conducted in compliance with Ecuadorian laws and regulations. Roughly 1.7 million barrels of crude oil were produced, with the Government of Ecuador (GOE) receiving 95 percent of the total financial proceeds.

At the conclusion of the venture's twenty-year concession, the area and facilities of the former consortium were subjected to a government-supervised audit, which, together with other Government data, became the basis for a settlement agreement under which Texpet was required to conduct environmental remediation with respect to sites in proportion to its one third interest in the venture. To that end, Texpet executed a $40 million remediation and public works program under close GOE supervision; Texpet's remediation was fully inspected, certified and approved by the GOE; and the GOE granted Texpet a full and complete release of all further claims, liabilities and obligations associated with Texpet's operations in Ecuador.

The release documents were signed by GOE's Minister of Mines & Energy, the President of Petroecuador, and the General Manager of Petroproducción--the operational division of Petroecuador. Texpet has had no role whatsoever in exploration and production operations in Ecuador since 1992.

Since 1992, the only one operating in Ecuador is the State Run Oil company Petroecuador. Unlike Texaco and or now Chevron, which bought out Texaco in 2001, Petroecuador has a losy enviromental record, and is fully responsible for any harm that has come to the people of Ecuador.

The following Video describes the undeniable facts of this case. It is a little over 13 minutes long but well worth the time.

YouTube - Video

So lets review.

The environmental case pending against Chevron in Ecuador has devolved into a runaway judicial farce, orchestrated by a community of interest made up of U.S.-based contingency-fee lawyers seeking a financial bonanza and the government of Ecuadorian President Rafael Correa, which seeks both a financial and political windfall. Four facts about the case cannot be disputed:

1. At the conclusion of the oil production concession between Texaco Petroleum (“Texpet,” a subsidiary of Texaco, which merged with a Chevron subsidiary in 2001)and the government of Ecuador in 1992, the parties conducted a full environmental audit, and Texpet performed a multi-year, $40 million remediation program proportionate to its minority ownership share of the Consortium. That program was approved by the government of Ecuador, which then granted Texpet and all related entities a full and complete release from any remaining environmental liability associated with the consortium’s operations.

2. When the same U.S. contingency-fee lawyers initially filed the Aguinda case —the precursor to today’s Lago Agrio lawsuit—in U.S. federal court in 1993, the then government of Ecuador formally intervened in the case and advised the court that the government, not private plaintiffs, had the exclusive right to assert claims for environmental impacts to the government-owned lands upon which the oil operations had been conducted, and that the government had resolved those claims through the negotiated remediation program and the related Settlement and Release.

3.By its own admission, the government of Ecuador for years neglected to perform its share of the environmental remediation. Indeed, in sharp contrast, it has systematically starved its wholly-owned oil operations of the funds necessary for reasonable maintenance and responsible oil field operations, preferring instead to divert its billions of dollars in oil proceeds to other purposes.

4. Since the government of Ecuador assumed full ownership of the operation nearly 20 years ago, Petroecuador has compiled a deplorable record of environmental irresponsibility, tallying more than 1,400 oil spills since 2000 alone.

These facts by themselves demonstrate that the government of Ecuador, not Chevron, bears both the legal and moral responsibility for the environmental conditions presently on display in Petroecuador’s production area.

For the U.S.-based contingency-fee lawyers, this case has never been about facts, evidence or law. Instead, it has been a constant campaign of misinformation designed to pressure Chevron into a large financial settlement. Their campaign features the compelling visual images of the environmental neglect at Petroecuador’s production sites and the impoverished conditions of the people residing in the area, but conveniently sidesteps the fact that Texpet cleaned up its portion of the operation and that Petroecuador has been the sole owner and operator of the area for nearly 20 years. There can be no serious question about the motives of the U.S. contingency-fee lawyers conducting this case. Philadelphia lawyer Joe Kohn, the financier behind the litigation, appeared in the recent movie Crude, saying unashamedly that this matter “was not taken as a pro bono case, you know a lot of my motivation is, at the end of the day, is that it will be a lucrative case for the firm.” This blind pursuit of money above all else is demonstrated by the fact that the plaintiffs’ lawyers, in apparent disregard for the supposed interests of their clients, actually asked the government to cease environmental cleanup of Petroecuador sites so as not to interfere with their case.

For the current government of Ecuador, the case offers twin benefits. By publicly demanding a verdict against Chevron and pressuring the judicial system under his control to that end, President Correa burnishes his image as a revolutionary man of the people crusading against foreign economic interests. At the same time, the government of Ecuador diverts blame for the state-owned oil company’s undeniable and well-documented environmental mismanagement and for the government’s failure to provide basic sanitation and healthcare infrastructure in the Oriente region.

Emboldened by the open and public support they have received from the Correa government, the plaintiffs’ lawyers have brazenly transformed the case from a claim for environmental remediation into a demand that Chevron spend billions of dollars to reconstruct the government’s wholly-owned oil production infrastructure and to install water systems and healthcare facilities throughout the former concession area. The plaintiffs also demand that Chevron pay more than $8 billion in compensation for alleged “unjust enrichment,” despite the fact that the government of Ecuador took more than 95 percent of the Consortium’s proceeds when Texpet was participating and has been the 100 percent owner of the oil operation since 1992.

Since the Correa government assumed power and consolidated executive control over the other branches of Ecuadorian government, the lawsuit has lost any semblance of impartiality or basic fairness. Most significantly, the court has abandoned the due process guarantees mandated by Ecuadorian law, eliminated the plaintiffs’ burden of proof, and substituted in its place the work of a patently unqualified mining engineer, Mr. Richard Cabrera. Mr. Cabrera has suggested a wholly illegitimate and unsubstantiated damage and penalty recommendation against Chevron in excess of $27 billion. Mr. Cabrera was not only paid solely by the plaintiffs, but he openly relied on them to staff his effort while seeking to obstruct Chevron’s representatives from even observing his work. In fact, major portions of his submissions to the court are cribbed from the plaintiffs’ own submissions, if not written by them directly. His work product is devoid of scientific content, lacks even the most basic evidentiary support, and assesses monetary relief for alleged environmental damage and health claims he has never even bothered to investigate, inspect or verify.

Early in his administration, President Correa openly campaigned for a verdict against Chevron, at the same time that the government proclaimed that any judge who issued opinions inconsistent with the government’s interests would be subject to dismissal and even possible criminal prosecution. In these sad circumstances, it would be nothing short of professional suicide for the court in Lago Agrio to do anything other than rule against Chevron.

Now I know some of you are sitting back, even after watching the Video, saying, OK. This is interesting, but why should I care? How does any of this effect me? It is going to effect you in ways that you can not even imagine. This is nothing more than attempt, riddled with corruption, to shake down the Chevron Corporation for 27 Billion dollars for something they have no hand in. But that does not matter. They want to put the blame on them and charge them with all these environmental travesties. However, what will this case ACTUALLY do?

A- This will set a prescient that can and will be used in the future to redistribute wealth. An excuse to steal Chevron and other Oil Companies profits. In the name of saving the planet.

B- Will also allow them {The Lawyers, Judges, and Government} more power to control NEW Drilling in different locations. They can then say, "look what happened in Ecuador, we can not have this 'here.'" Wherever here may be.

C- Make the Lawyers and Government a lot of money.

D- Make a take over by the Government even more palatable to the American Sheeple, uh, People. This can be done the same way as the replacement of the Moritoria, and or stopping Drilling already in progress. "look what happened in Ecuador, we can not allow the Oil Companies to do whatever they want and make this insane amount of profit while destroying the Environment, so we will take over the industry, and they will do whatever we tell them to do."

Remember the immortal words of Senator Maxine Waters

"And guess what this liberal would be all about? This liberal would be all about socialize -- uh, uh, would be about basically taking over and the government running all of your companies."

Talking about Big Oil. They have been trying to find a way to do this for a while. If they can saddle Chevron with Ecuador, then it will be much easier for them to sell it to the American people. Why? Because if you actually look at the FACTS, the TRUTH, "Big Oil" has one of the cleanest track records in history when it come to the environment. Not to mention, Texaco, or Texpet, was already released and signed off on, and Chevron had nothing to do with Ecuador. They can not use facts and truth.

So this may not seem like it effects you, but I assure you it does. Look at the track record? Obama and crew take over the Financial Institutions, Billions spend, nothing solved. Housing? Same thing. AGI? Same thing. Now Auto companies. GM now stands for Government Motors. They WANT you to be forced to buying the idiotic, "Green Cars." Now if they OWN or Control the Oil Companies, they can ensure no new drilling, no alternatives, unless the Government get's their share of course, and higher gas prices. See the Connection?
Peter

Sources:
Texaco in Ecuador - Chevron in Ecuador
Chevron Corporate Memo {PDF} - Texaco Petroleum, Ecuador and the Lawsuit against Chevron
YouTube - Video