Chevron Calls for Criminal Investigation of Judge, Plaintiffs′ Lawyers in Ecuador Case

Company Submits Evidence of Fraud and other Crimes to Ecuador′s
Prosecutor General
Chevron Corporation (NYSE: CVX)today published a letter
submitted to Galo Chiriboga, Ecuador′s Prosecutor General, documenting
evidence of fraud and corruption in the litigation against Chevron in
Ecuador. The company called on Ecuadorian authorities to investigate the
misconduct of the plaintiffs′ lawyers and the presiding judge, Nicholas
Zambrano, in the drafting of the fraudulent judgment rendered against
Chevron earlier this year.
Chevron submitted evidence showing that plaintiffs′
representatives?including Steven Donziger, Pablo Fajardo, Juan Pablo
Sáenz, Julio Prieto, and Luis Yanza?covertly worked with Judge Zambrano
to draft the judgment. The letter states that the fraudulent conduct 'is
causing serious, ongoing harm to Chevron Corporation and to the Republic
of Ecuador.?
'To date, the plaintiffs′ representatives have failed to offer any
explanation for how their internal, never-filed documents came to appear
in the fraudulent Lago Agrio judgment,? said Hewitt Pate, Chevron vice
president and general counsel. 'Nor has the Judge explained how the
plaintiffs′ private work came to be included in the decision bearing his
name. In the interest of justice and due process, it is incumbent upon
the authorities in Ecuador to investigate the full extent of this
misconduct.?
There is substantial and unrefuted evidence that the judgment against
Chevron is fraudulent. The evidence provided to the Prosecutor General
includes:
The judgment copies exact language from a June 2009 email that Fajardo
sent to Donziger, Sáenz, and Prieto. The body of the email includes a
short memo from a not-yet identified third party and a
'transcri[ption]? of a published Ecuadorian court opinion. That
'transcription? contains numerous mistakes not found in the published
court opinion itself. The judgment repeats all of these mistakes,
exactly, as well as a citation error Fajardo made in his email.
The judgment also refers to several test samples by names that are not
found in the record, but rather in private spreadsheets created by the
plaintiffs, which contain information from the plaintiffs′ own
database. The judgment replicates errors contained in the plaintiffs′
database and replicates errors in the database attributing data to the
wrong experts and confuses measurement units.
The judgment contains language from a private memorandum authored by
plaintiffs′ attorney Juan Pablo Sáenz and other members of plaintiffs′
legal team around November 2007 regarding a Chevron subsidiary′s
merger with Texaco. No fewer than fifteen instances, significant
portions of the Sáenz memorandum, including entire sentences, appear
verbatim or nearly verbatim in the judgment.
Much of this evidence is corroborated by expert analyses commissioned by
Chevron that found the similarities between the plaintiffs′ documents
and the judgment are too great to be coincidence, and concluded that
either plaintiffs wrote at least part of the judgment, or the author(s)
of the judgment had access to documents prepared by the plaintiffs′
representatives and lawyers that were never submitted during the trial.
'This evidence raises disturbing questions about who is really behind
the Lago Agrio judgment,? added Pate. 'This is just the latest chapter
in an established pattern of fraud being carried out by plaintiffs′
lawyers and their representatives.?
In addition to the letter, Chevron has submitted corresponding evidence
including video outtakes, emails, and other documents to prosecutors in
Ecuador. The letter can be reviewed at www.chevron.com/ecuador.
Chevron Corporation 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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Chevron Corporation
Kent Robertson, +1-925-790-3819 (San Ramon)