Chevron Misleads U.S. Courts with Inaccurate Translation

I just read that Chevron’s lawyers submitted inaccurate translation of Pablo Fajardo’s comments to U.S. Federal court as evidence. By inaccurate I mean changed to fit Chevron’s lies and completely different from what was actually said. Ohhh… the audacity! How can unethical behavior like this go unpunished? How far will Chevron be allowed to go before somebody says enough?!

See Amazon Defense Coalition’s press release below.

Chevron Misleads U.S. Courts with Inaccurate Translation in Multi-Billion Dollar Ecuador Contamination Lawsuit
Gibson Dunn’s Aggressive Legal Strategy Backfires In Federal Court
Amazon Defense Coalition
1 October September 2010 – FOR IMMEDIATE RELEASE
Contact: Karen Hinton at 703-798-3109 or Karen@hintoncommunications.com

New York, New York – Chevron has been submitting an inaccurate and misleading translation to U.S. federal courts as part of its effort to evade liability in the multi-billion dollar Ecuador environmental lawsuit, according to court papers filed recently.

Chevron’s lawyers at Gibson Dunn & Crutcher, who recently took over the Ecuador litigation for the company, submitted a highly misleading and inaccurate translation of lead Ecuadorian attorney Pablo Fajardo describing the role of court-appointed expert Richard Cabrera. Attacking Cabrera, who in 2008 submitted a damages assessment against Chevron of $27 billion, has been the centerpiece of the oil giant’s strategy to discredit the Ecuadorian judicial system to defeat enforcement of an expected adverse judgment.

Gibson Dunn brags on its website that its litigators in the Ecuador case have been described by American Lawyer magazine as the “Game Changers”; the firm notes that “clients in deep trouble turn to Gibson Dunn for fresh, aggressive thinking and innovative rescues.”

In a brief filed on Sept. 28 by representatives of the Amazonian communities in federal courts in New York and elsewhere, the plaintiffs blast Chevron for its erroneous translation of comments made by Fajardo. According to Chevron’s translation of a 2007 meeting, Fajardo told a group of scientists in Quito that Cabrera would simply “sign the report and review it.”

According to an accurate translation of the exchange, Fajardo actually said that what Cabrera “will do is give his criteria… right… his opinion, and sign the report, and review as well.”

Chevron also excluded from its court submission the contemporaneous translation of Fajardo during the meeting, which verifies that Chevron’s translation was manipulated.

"What Fajardo actually said in the meeting is radically different from what Chevron claimed he said via its bogus translation," said Karen Hinton, a spokeswoman for the communities. "Once again, Chevron is misrepresenting facts to courts around the country in support of its contrived 'fraud' narrative."

"When the facts don't fit the contrived narrative, Chevron's lawyers seem content to just make them up," she added.

Chevron has claimed to U.S. courts that ex parte contacts with experts in Ecuador is illegal, when in fact the practice was commonly used by both parties and sanctioned by the court, said Hinton. Lawyers on both sides of the dispute were invited by the court to provide materials to Cabrera and other experts; Cabrera and these other experts adopted some of the materials provided by the parties.

The plaintiffs also have submitted evidence that Chevron's lawyers, on a regular basis, met ex parte with judges overseeing the trial.

This is not the first time that Chevron has manipulated the meaning of translations for legal or public relations purposes.

In 2009, Chevron accused the Ecuadorian judge then presiding over the case of saying an appeal by Chevron of an adverse decision would only be a "formality" when what he actually said was the parties would have to observe the "formalities" of the appeals process. Chevron then used the misleading translation to claim to the media that the judge had "fixed" the trial.

So far this year Chevron has sought to depose 23 persons in the U.S. associated with the Ecuador case, including two lawyers who have represented the plaintiffs.

Chevron’s strategy of using U.S. discovery rules to harass the Amazonian communities in Ecuador – termed “abusive litigation” by the plaintiffs -- has not gone unnoticed. One U.S. federal magistrate judge recently ruled that Chevron’s discovery strategy is “spiraling out of control” and is an attempt to circumvent the rules of Ecuador’s courts, where Chevron had the trial moved after it was originally filed in U.S. federal court in 1993.

DON'T MENTION ECUADOR

Chevron's shareholders should be aware! The company will silence anyone who dares to speak about company's unacceptable behavior and environmental crimes that have been committed around the world. Some shareholders were denied entry to the Chevron's shareholders meeting on May 26th, others were arrested. People expressed concern and Chevron did not want to hear any of it. The only thing Chevron's CEO John Watson had to say was that Ecuadorians can count on his empathy. I guess Chevron still has no plans of taking responsibility for its actions.

Read more here: Chevron Condemned for Human Rights Abuses, Ecuador Disaster at Annual Shareholder Meeting Today

Chevron's Con Man Exposed

Recordings of Diego Borja, a man who has been a contractor for Chevron for several years, revealing Chevron's darkest secrets have been released by Grant W. Fine, a lawyer and investigator hired by the plaintiffs. This is beyond shocking! Things Borja talks about prove what we knew all along...Chevron has been lying and hiding the truth to avoid responsibility for the mess in Ecuador.





Diego Borja


Here's a copy of the Amazon Defense Coalition's statement with more details:



Amazon Defense Coalition
For Immediate Release

April 6, 2010
Contact: Karen Hinton,
703-798-3109
karen@hintoncommunications.com

Chevron “Cooked” Evidence in Ecuador Environmental
Trial, According to Oil Giant’s Own Contractor

Diego Borja & Wife Worked For Chevron & Represented Oil Company’s “Independent” Lab To Test Contamination Samples

Washington, DC (April 6, 2010) – In a series of stunning revelations from recorded conversations, longtime Chevron contractor Diego Borja threatened to reveal damaging evidence “cooked” by Chevron in the environmental trial in Ecuador unless he received enough money for turning over secret videotapes to high-ranking Chevron executives in June 2009.

At one point, Borja laughed and said, “Crime does pay.”

Click here for copies of the report and press release http://chevrontoxico.com/news-and-multimedia/borja-report/

Borja’s disclosures are found in a report released today by Grant W. Fine, a lawyer and investigator hired by the plaintiffs. The report covers more than six hours of audiotapes and 25 pages of online chats that were given to the plaintiffs by Santiago Escobar, a childhood friend of Borja who made the recordings.

In the conversations, Borja said Chevron hired him to create four companies so his work for the oil company would appear “independent.” He suggested that the companies were connected to a laboratory to test contamination samples. Borja said the laboratory was not independent, but rather “belonged” to Chevron.

The investigative report also revealed that Borja’s wife, Sara Portilla, worked for Chevron for four years and represented Severn Trent Labs (STL), a US laboratory that Chevron described as an “independent” lab to test its contamination samples. Court documents obtained by Fine cite Borja and Portilla as representatives of STL. They both signed chain of custody documents with the Lago Agrio court that showed how the samples moved from the contamination site to the testing lab.

Borja – who Chevron always has cast as a good Samaritan – also said that Chevron is paying $6,000 a month in rent for his large home with a swimming pool that abuts a golf course in a gated community near Chevron’s headquarters. Borja said that Chevron is paying him the U.S. equivalent of the salary he made in Ecuador, which was $10,000, and is also paying the costs for a lease on an SUV and for personal security.

On the audiotapes, Borja said he has enough evidence to ensure a victory by the Amazon communities if Chevron failed to pay him what he was promised. Before turning over the videotapes to Chevron, Borja said he made sure Chevron “completely understood” he wanted payment for them.

He also said he had incriminating evidence against the oil giant stored on his iPhone and in an undisclosed location in Ecuador that he could use as leverage if Chevron betrayed him. Specifically, Borja said he has a notarized document that contains a version of events that would help the plaintiffs and that Portilla, his wife, is aware of the information.

Representatives of the Amazon communities reacted with shock to the audiotapes. “They prove at a minimum that Diego Borja is a real con man,” said Luis Yanza, President of the Amazon Defense Coalition, which represents the plaintiffs.

Yanza called on Chevron to investigate and disclose the information that Borja has stored on his iPhone and in Ecuador.

Yanza also called on authorities in Ecuador and the U.S. to examine the tapes and include them in their investigation of the videotaping scandal, which Chevron disclosed last August as a way to derail the trial. Chevron also cites the videotapes as evidence of corruption in its arbitration claim against the government of Ecuador, which Chevron filed in September, only four weeks after revealing the videotapes.

Escobar, who said he has known Borja since they were teenagers, said he decided to give the tapes to the plaintiffs because if “I keep quiet about immoral acts, then I become part of the immoral acts.” He said, “Diego always bragged to us about what he was doing with the testing samples to help Chevron avoid prosecution. Everyone knew he was Chevron’s dirty tricks guy. Overtime, I became more disgusted with what Diego was doing. The videotapes and his interest in switching sides was the last straw for me.”

Among other revelations, Borja said:

• If Chevron “tricked” him he would “immediately go to the other side… I have correspondence that talks about things you cannot even imagine, dude… I can’t talk about them here, dude, because I’m afraid, but they’re things that can make the [plaintiffs] win this just like that” at which point he snapped his fingers. He also said, “crime does pay.”




• Chevron had “cooked” the evidence and, if the U.S. judge who sent the case to Ecuador in the first place ever knew, he would “close [Chevron] down.”




• The energy giant used him to set up four dummy companies to make them appear to be independent of Chevron, but in fact they were controlled by Chevron.




• The laboratory that processed soil and water samples for Chevron to submit as evidence in the trial was not “independent” as the company represented to the court. “I have proof that they [the laboratories] were more than connected, they belonged to [Chevron],” said Borja, who also indicated he signed the contract to rent the house where Chevron’s laboratory was located.

Escobar also told Fine that Borja said he and wife stored testing samples in their refrigerator in their Quito office before mailing them to STL. (Test America, Inc., purchased STL in 2007.)

As a contractor for Chevron, Borja often worked at the contamination sites and collected evidence, yet he and Portilla also signed chain of custody documents with the court as STL representatives. Portilla signed them as an STL Project Manger and used the email address, sportilla@stl-inc.com

• Borja indicated that he and a person from Chevron, whom he referred to as his Florida-based boss, lied to gain entry into the independent laboratory that was processing the soil and water samples for the plaintiffs during the trial. (Yanza said he suspects the person is Ricardo Reis Veiga, a longtime Chevron lawyer based in Miami currently under indictment in Ecuador for lying about Texaco’s remediation results.)




• Borja said he has worked for Chevron on the Aguinda trial since 2004 and has signed numerous court documents – contrary to Chevron’s claim at the time it released the videos that Borja was a mere “logistics contractor” for the company. Portilla has worked for Chevron for four years, and his uncle has been employed by Chevron for 30 years. Borja also said he has worked for Chevron since he was 24 years old (nine years ago). Chevron’s legal team, Borja, his wife and uncle have office space in a Quito building his uncle owns.




• Borja conceded there was no bribe of the Ecuador trial judge, Juan Nunez, in the videotapes -- confirming the long held contention of the plaintiffs and contradicting Chevron’s assertions. With the videotapes, Borja said he did in “two days” what Chevron had been trying to do for a year, which was to get the judge dismissed.





• Borja also said Chevron promised to make him a “business partner” for turning over the tapes. When Escobar said he would have it “made” once he became a partner of Chevron, Borja responded: “That’s right, you dog… I mean, it’s a brass ring brother.”

Fine, a lawyer and investigator based in San Francisco, California, conducted the investigation. Fine also conducted an earlier investigation into Wayne Hansen, the so-called American “businessman” who claimed to be in Ecuador to identify contract opportunities for remediation work and partnered with Borja to videotape meetings with Nunez and others, using a spy pen and spy watch. Fine discovered that Hansen had never worked in remediation before, currently has no means of visible financial support and was sentenced to 32 months in a federal prison for drug trafficking over 275,000 pounds of marijuana.


About the Amazon Defense Coalition

The Amazon Defense Coalition represents dozens of rainforest communities and five indigenous groups that inhabit Ecuador’s Northern Amazon region. The mission of the Coalition is to protect the environment and secure social justice through grass roots organizing, political advocacy, and litigation. Two of its leaders, Luis Yanza and Pablo Fajardo, are the 2008 winners of the prestigious Goldman Environmental Prize.