MORE…Caught on Tape: Serious Judicial Misconduct and Political Influence Taint Ecuador Lawsuit
Chevron is asking the Government of Ecuador to disqualify the judge presiding over the lawsuit involving the company.
The company has disclosed video recordings of meetings that show the judge discussing his verdict with businessmen. The judge confirms that he is going to rule against Chevron in the case and that the company will lose its appeal – even though the trial is still ongoing and evidence is still being received. And a purported ruling party official in Ecuador states that lawyers from the executive branch have been sent to assist the judge in writing the decision.
The video recordings also show an individual, Patricio Garcia, who identifies himself as a member of Ecuador’s ruling party, discussing details of the $3 million bribe with the same businessmen. The bribe was sought in return for remediation contracts to be handed out by the government after the adverse verdict is handed down by the judge.
The tapes show $3 million in bribes were sought: $1 million to Judge Núñez, $1 million to the plaintiffs suing Chevron and $1 million to “the presidency,” Garcia said.
The four video-taped meetings occurred in May and June of 2009. Two of the meetings took place at the Quito offices of Alianza PAIS, Ecuador’s ruling party, 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 disqualification of the judge in the case and annulment of his prior rulings.
“No judge who has participated in meetings of the type shown on these tapes could possibly deliver a legitimate decision,” James said.
“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.
“We feel compelled to put this entire matter in 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.”
In the videos, Judge Núñez makes numerous statements indicating prejudgment of the case against Chevron. In one recorded meeting, he participated in the following exchange:
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 showed details regarding the bribes. It 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, Loco, for the plaintiffs, who gets the money? Fajardo?”
Garcia: “No. The thing is, we’re going to handle it here.”
Borja: “You mean Alianza PAIS would receive the payment here?”
Garcia: “Right.”
Evidence of the bribery plot was brought to Chevron’s attention in June by an Ecuadorian citizen, who was pursuing business opportunities in Ecuador along 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.
Recording 1, Spanish Transcription and English Translation
Recording 2, Spanish Transcription and English Translation
Recording 3, Spanish Transcription and English Translation
Recording 4, Spanish Transcription and English Translation
