Chevron Ecuador Case | The Chevron Ecuador Lawsuit Trial & Chevron's Views & Opinions | The Amazon Post

An independent expert working for Ecuador’s Judiciary Council has filed a report stating that the videotapes Chevron provided to the government of Ecuador and the U.S. Department of Justice are authentic and unaltered.

In late August of last year, it was revealed on video that Judge Juan Núñez, who was then presiding over the lawsuit against Chevron in Ecuador, had prejudged the case (even though evidence was still being submitted and final arguments had not been held) and may be involved in a $3 million bribery scheme.

The judge was willing to talk about his pending decision with businessmen (Hansen) seeking post-verdict remediation contracts. The following is a transcript of that conversation:

- 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.”

After analyzing the videos from which this conversation was transcribed, the expert found that:

1. The videos were authentic and showed no evidence whatsoever of any kind of manipulation.
2. The videos were proven to a scientific certainty to contain the unaltered voices of purported government officials and others who participated in the meetings.

The expert report puts to rest the false claims that the plaintiffs’ lawyers and Judge Núñez himself have made in attempts to cover up this abuse of the judicial system. Judge Núñez insisted to the Wall Street Journal that he could “see things that have been erased” and that someone “cut and pasted certain things.”

In calling into question the authenticity of the video tapes, the plaintiffs’ representatives had also insisted that the tapes had been digitally altered.

The expert’s report further emphasizes the improper conduct on the part of Judge Núñez as well as individuals affiliated with Ecuador’s ruling political party. To date, Judge Núñez has not been sanctioned for his misconduct and his prior rulings in the Chevron lawsuit remain part of the record.

9/29/09 Update – For the second time in a month, Judge Juan Núñez has been removed from the Lago Agrio trial. The Provincial Court of Justice of Sucumbios decided on Monday to accept the recusal of Núñez. Chevron is continuing to push for the annulment of the judge’s previous decisions, including rulings to facilitate, as well as shield from scrutiny, the biased Cabrera process.

From 9/24/09 - In yet another twist in the Chevron case in Ecuador, Judge Juan Núñez has been reinstated as the presiding Judge in the Lago Agrio court.

Just four days after Chevron released a series of videos that depicted serious judicial misconduct, Ecuadorian Judge Juan Núñez was asked by Ecuador’s Prosecutor General to recuse himself from presiding over the Chevron environmental lawsuit in Lago Agrio.

However, this past Tuesday, the Ecuadorian court announced that Judge Núñez would resume presiding over the Chevron case on the basis that he had failed to provide any evidence to support his recusal.  Meanwhile, the court has not ruled on the merits of Chevron’s petition for Judge Núñez to be removed from the case or the extensive evidence that Chevron provided of corruption, bias and prejudgment.

All along, Chevron has maintained that no judge who has participated in the type of meetings (shown here) could possibly have rendered a legitimate decision.  Through his past rulings, Judge Núñez has demonstrated a clear bias in this case as he has consistently shielded the corrupt Cabrera process from any sort of reasonable inquiry and scrutiny.  Judge Núñez has also made multiple prejudicial public statements clearly indicating that he lacks objectivity, is biased, and has prejudged the case.  Now, with the release of the evidence that Judge Núñez was involved in inappropriate meetings connected to a bribery plot, there is further proof that he has prejudged the case.

The U.S. State Department, in its Investment Climate Statement on Ecuador released in February 2009, has found that Ecuador’s “courts are often susceptible to outside pressure and bribes. Neither Congressional oversight nor internal judicial branch mechanisms have shown a consistent capacity to effectively investigate and discipline allegedly corrupt judges.”

Should Judge Núñez continue to preside over the case, it would further validate the State Department’s findings and reinforce that the rule of law in Ecuador has been compromised.

Ecuadorian Judge Juan Nunez, who was recently caught on video confirming that he will rule against Chevron and that the company’s appeals will be denied, has spoken with a number of media outlets since these videos came to light.  His responses have evolved significantly. He has contradicted himself and his statements continue to be at odds with what is clearly depicted in the videotapes.

When the videos were released on Monday, August 31, Mr. Nunez was quoted in the Wall Street Journal as saying he hadn’t seen the videos and, “I have never said that I will dictate a ruling in favor nor against Chevron nor the plaintiffs.”

The video evidence and transcripts suggest otherwise:

Hansen: “Oh no, I, I know clearly how it is, you say, Chevron is the guilty party?”

Núñez: “Yes Sir.”

In the same Wall Street Journal interview, Nunez went on to say that “I have not met with government officials, nor from the government’s party to deal with the Chevron case.”

The video screen shot below proves that statement is not accurate – showing Judge Nunez discussing the Chevron case next to Juan Pablo Novoa.   During the meeting, Novoa states, “The offer from the people in the government that I represent, I’m a delegate of them, so I’m accompanying the judge here so that you can be serious about the case…”

On Tuesday, September 1, after viewing the videos, Judge Nunez’s story changed. In an interview with Teleamazonas, he admitted that he “got together on two occasions with four persons to talk about the case. The Wall Street Journal wrote, “Nunez said he met with them at the request of Aulo Gelio Avila, a former property inspector, to talk about property registrations, not topics related to the suit against Chevron.”

Yet in the two meetings caught on video, Nunez says the word Chevron nine times.

On September 2, the contradictions would continue.  Ecuador’s Hoy newspaper reported that “Simultaneously, [Judge Nunez] said that he did not speak of the case against Chevron, nor did he pronounce any ruling or its content, and insisted that Chevron was trying to induce him to having committed a crime.” Meanwhile, La Hora wrote, “At the Quito meeting, Chevron’s case was discussed, but in general terms, such as the date in which it would be resolved and the documentation that was yet to be obtained from various government institutions, as well as the alternative the judge has to either accept the claim of 27 thousand million (billion) dollars, or reduce said amount, or ultimately reject the lawsuit, all of which is to be known when the corresponding judgment is issued.”

One thing is clear:  there needs to be a thorough and independent investigation of the role of the judge and those who claim to represent the senior-most levels of the Ecuadorian government.

In every country where the rule of law prevails, a judge who has done what Judge Nunez is seen doing in the videotapes would be dismissed from the case and his previous rulings would be annulled.

READ MORE ABOUT THE VIDEO, INCLUDING THE ECUADOR JUDGE’S STATEMENTS INDICATING PREJUDGEMENT OF THE CHEVRON CASE, DETAILS OF THE BRIBES, AND COMPLETE TRANSCRIPTS OF THE VIDEO. … From September 2nd read, The Amazon Defense Coalition has full confidence in the Ecuadorian judicial system? … From September 3rd read, Ecuador Judge’s Story Contradictory… From September 4th read, Judge Núñez admits he needs to step aside; Amazon Defense Coalition proven wrong … In an update from September 8th, Judge Nunez violated the law when he accepted meetings with individuals seeking environmental remediation contracts. 

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