|[December 18, 2012]
Chevron: Ecuador Whistleblower Threatened by Lago Agrio Plaintiffs' Lawyers
SAN RAMON, Calif. --(Business Wire)--
Chevron (News - Alert) Corp. (NYSE: CVX) today condemned actions taken by the Lago
Agrio plaintiffs' lawyers to intimidate, threaten, and harass
whistleblower Fernando Reyes who has provided a sworn
declaration offering an insider's account of the plaintiffs'
lawyers' fraud during the trial in Ecuador. Subsequent to the filing of
the Reyes Declaration, the plaintiffs' lawyers and publicist have issued
press statements attacking and disparaging Reyes and threatening him
with harassing litigation. In response, Chevron has issued the following
"Rather than address the substance of Reyes' testimony on the merits,
the plaintiffs' representatives hope to intimidate him. Chevron calls
upon the authorities to investigate these threats against Reyes. Chevron
encourages other whistleblowers who have information about the
plaintiffs' lawyers' fraud to come forward."
Note to Editors:
Reyes is an Ecuadorian petroleum and environmental engineer who served
as a consultant to the plaintiffs' lawyers. Last Wednesday, Chevron
submitted a sworn
declaration from Reyes in support of its fraud
and racketeering lawsuit in New York against the plaintiffs' lawyers
and backers in which Reyes provides an eyewitness account as to how the
plaintiffs' lawyers have sought to manipulate the trial since its
infancy, deceived the court, corrupted the trial process, and engaged in
the development of a fraudulent "independent" report. Reyes' testimony
is corroborated not only by his own notes, but by documents
produced by Donziger in court-ordered discovery, deposition
testimony, and outtakes (here
from the movie "Crude."
The plaintiffs' lead American lawyer, Steven Donziger, once described
Reyes as "one of the most qualified engineers and academics in the
The Reyes Declaration confirms the plaintiffs' lawyers' fraud on
multiple levels. Reyes had considerable involvement in the Lago Agrio
case for the plaintiffs, first serving as what was represented as an
"independent" monitor of court experts and then as a "shadow" advisor to
Richard Cabrera, a supposedly-independent court expert. In fact, Reyes
introduced Cabrera to Donziger and his co-counsel, and the plaintiffs'
lawyers pressured the court in Ecuador to appoint Cabrera to conduct a
"global assessment" of environment conditions in the Oriente region of
Ecuador's Amazon. Reyes was also present in a meeting between the
plaintiffs' lawyers and consultants and Cabrera before Cabrera was
appointed as an independent court expert (video from the meeting here
Cabrera ultimately submitted a report to the court, described
by one of the plaintiffs' consultants as "the single most important
technical document for the case," assigning more than $27 billion in
damages against Chevron.
Cabrera's report has since been shown to be a fraud, written by the
plaintiffs' representatives and passed off as the work of a neutral and
independent court appointee. Reyes' declaration describes the process by
which the plaintiffs' lawyers sought out someone who, as Donziger put
it, would "totally play ball with us and let us take the lead while
projecting the image that he is working for the court." The plaintiffs'
lawyers' were aware of the fraud they were committing: as their scheme
to deceive the court was unraveling, Donziger's co-counsel wrote,
"all of us, your attorneys, might go to jail."
While courts in Ecuador have ignored the evidence of the plaintiffs'
lawyers' fraud, even going as far as to include many of "Cabrera's"
claims in the judgment
issued last year, other courts have not. In an opinion issued in
July, a court in the Southern District of New York found
that "uncontradicted evidence demonstrates that the report and
subsequent responses filed in Cabrera's name were tainted by fraud."
More information on the plaintiffs' lawyers' fraud can be found here.
Additional background on the Ecuador litigation can be accessed here
Chevron is one of the world's leading integrated energy companies, with
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
petrochemical products; generates power and produces geothermal energy;
provides energy efficiency solutions; and develops the energy resources
of the future, including biofuels. Chevron is based in San Ramon, Calif.
More information about Chevron is available at www.chevron.com.
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