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Environmental lawyer who won a judgment against Chevron lost everything

theintercept.com

81–90 of 114 posts

Re: Environmental lawyer who won a judgment against Chevron lost everything

#81
post #52

Earlier quoted context omitted.

one solution is to use your rights as a shareholder to hold companies accountable to your long term interest. vote your proxies. or support year-round initiatives such as https://www.yourstake.org/petition/disclose-corporate-politi...

It's telling that nobody even mentions using your vote in the public elections.

Telling of a good thing, surely? It's not ideal if the first instinct for solving every problem in society is "oh we'd better send the government in".

Re: Environmental lawyer who won a judgment against Chevron lost everything

#82

Earlier quoted context omitted.

I have a hard time believing that the New York Bar suspended him for winning a lawsuit.

I have a hard time believing that they suspended him without a hearing, describing him as an "immediate threat to public order" but they fucking did it anyway.

They didn't give him a hearing because he wasn't entitled to relitigate the issue of his conduct. A principle called collateral estoppel holds that if you lose on an issue in one case, you're not entitled to relitigate that same issue in a subsequent case (so long as the standards of proof are similar between the two cases). The New York Court of Appeals wasn't entitled to decide that Donzinger hadn't committed fraud. It had to accept as true the factual findings of the Southern District, which was affirmed by the Second Circuit. The only issue before the New York court in the disciplinary case was whether, taking as true that Donzinger tried to bribe a judge, etc., whether he should be suspended. That did not require a hearing: http://www.courts.state.ny.us/reporter/3dseries/2018/2018_05...

> Further, respondent was afforded a full and fair opportunity to litigate, as evinced by the voluminous record on which Judge Kaplan's findings were based. Judge Kaplan conducted a seven-week trial, heard 31 live witnesses (including respondent), and considered sworn testimony of three dozen others, as well as thousands of documents. Respondent appealed Judge Kaplan's decision, yet chose not to challenge the underlying factual findings. Thus, his argument that he was denied meaningful appellate review fails.

> Because Judge Kaplan's findings constitute uncontroverted evidence of serious professional misconduct which immediately threatens the public interest, respondent should be immediately suspended, pursuant to 22 NYCRR 1240.9 (a) (5) (see e.g. Matter of Truong, 2 AD3d 27 [1st Dept 2003]).

Re: Environmental lawyer who won a judgment against Chevron lost everything

#83
post #4

One thing I'm confused about is why he's charged with criminal contempt. > To Donziger, who had already endured 19 days of depositions and given Chevron large portions of his case file, the request was beyond the pale, and he appealed it on the grounds that it would require him to violate his commitments to his clients. Still, Donziger said he’d turn over the devices if he lost the appeal. He said he would obey the o…

This dispute has been going on a long time. Recall, the backstory is that Chevron claimed that Donziger tried to shake them down with a corruptly obtained judgement. They won a judgement against Donziger, but Donziger claims he has no money, so he hasn't paid them. (I mean, fair is fair I guess; Chevron won't pay the judgement Donziger won against them, why should Donziger pay the one they won against him?)

In any case, the criminal contempt is more recent, and stems from Chevron claiming that Donziger has been receiving a lot of money, primarily by selling "shares" in the judgement, ie, a law firm in Canada (or whatever) pays Donziger for the right to sue Chevron in Canada to try and collect. Donziger claimed he had not done so, and the judge in the case ordered him not to start. Chevron claimed he was still doing it (and apparently submitted some evidence to back this up). The the judge ordered Donziger to turn over records to demonstrate how much money he had and, in particular, if he was getting money by monetizing the fraudulent judgement he had obtained against Chevron (which would be against the judge's order).

Donziger has refused to turn over these records, which prompted criminal contempt charges, which he has now been convicted of. He can try appealing, but I'm not entirely sure under what grounds; Donziger's financial records would seem to be fair game (and it's pretty common for a court to ask for such records when someone is failing to pay a judgement against them), so...

Re: Environmental lawyer who won a judgment against Chevron lost everything

#84
post #79
post #75

Earlier quoted context omitted.

The PDF you linked was written by Judge Kaplan, the one detailed in this article. "Skip the narrative and go straight to".. the opinion of a single judge whom evidence suggests is biased in favor of Chevron.

> "Skip the narrative and go straight to".. the opinion of a single judge whom evidence suggests is biased in favor of Chevron. There is zero evidence suggesting he is "biased in favor of Chevron." Donzinger's self-serving assertions are not evidence. Donzinger has repeatedly petitioned the Second Circuit Court of Appeals, the appellate court that oversees the trial court here, to have the judge recused. The Second C…

>"Kaplan has a soft spot for Chevron, which the judge once described as “a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels, and lubricants on which every one of us depends every single day.”

Re: Environmental lawyer who won a judgment against Chevron lost everything

#85

Earlier quoted context omitted.

Charges were for violating US law. Chevron claimed that he paid off Equatorian judges, manufactured evidence etc. >> The decision hinged on the testimony of an Ecuadorian judge named Alberto Guerra, who claimed that Donziger had bribed him during the original trial and that the decision against Chevron had been ghostwritten. A lot of stuff happens in such places, but when you take on Chevron size companies, you bette…

Say the judge Alberto Guerra, was paid by Chevron or intermediates to say this, how would you prove that? Is the testimony of a judge all it takes?

Chevron proved bribery in the original case through the testimony of a judge, circumstantial evidence showing opportunities to bribe the judge, and substantial discussions by Donzinger's associates about how they wanted to pay a bribe and how easy it would be to do so. If a similar array of evidence were deployed to show Chevron bribing someone, I think most people would be convinced.

Re: Environmental lawyer who won a judgment against Chevron lost everything

#86
post #7

Wow this sounds crazy. He won a lawsuit in Ecuador, so the company got a judge in Manhattan New York to put him on house arrest? Isn't that overstepping their jurisdiction and abuse of power? Seems like a huge miscarriage of justice. Didn't even know this was possible unless there's something I'm missing here? Sounds like someone is acting out of bounds here.

Charges were for violating US law. Chevron claimed that he paid off Equatorian judges, manufactured evidence etc. >> The decision hinged on the testimony of an Ecuadorian judge named Alberto Guerra, who claimed that Donziger had bribed him during the original trial and that the decision against Chevron had been ghostwritten. A lot of stuff happens in such places, but when you take on Chevron size companies, you bette…

If you are "squeaky clean", what stops the "hundreds of lawyers and PIs" from just manufacturing something?

Re: Environmental lawyer who won a judgment against Chevron lost everything

#87
post #84
post #79

Earlier quoted context omitted.

> "Skip the narrative and go straight to".. the opinion of a single judge whom evidence suggests is biased in favor of Chevron. There is zero evidence suggesting he is "biased in favor of Chevron." Donzinger's self-serving assertions are not evidence. Donzinger has repeatedly petitioned the Second Circuit Court of Appeals, the appellate court that oversees the trial court here, to have the judge recused. The Second C…

>"Kaplan has a soft spot for Chevron, which the judge once described as “a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels, and lubricants on which every one of us depends every single day.”

That's literally just a factual description of what Chevron is.

Re: Environmental lawyer who won a judgment against Chevron lost everything

#88
post #8
post #5

I don't know who's right here, but it is suspicious that The Intercept's article doesn't even mention the judgement for Chevron from the The Hague's arbitration panel. https://www.chevron.com/-/media/chevron/stories/documents/in...

those treaties are despicable. to receive US aid you have to essentially give carte blanche to US corporations to raid and rape your country and its people as they please. EDIT: essentially the hague court is enforcing the heinous practice of forcing the prioritization of corporate profits over country's sovereignty, and the wellbeing of its citizenry and envrionment

You can't have your cake and eat it to, even if you're a developing country. Companies don't invest in places like Ecuador because they worry they'll be shaken down if they do. In order to get companies like Chevron to invest in their country, countries like Ecuador consent to these international arbitration agreements. If they don't like the terms, they should stop doing that.

Re: Environmental lawyer who won a judgment against Chevron lost everything

#89
post #55

Earlier quoted context omitted.

Well, the national government representing these citizens intentionally chose that attracting investment (which presumably helps their citizens in the long run) is more important to their country than protecting the health of their population, and as the sovereign, they can make that choice on behalf of their citizens. It may be a stupid or misguided or evil choice, but that's their choice to make. Also, for many thi…

these treaties are boilerplate take it or leave it. third world countries mostly don't have the option to vary these terms

[deleted]

Re: Environmental lawyer who won a judgment against Chevron lost everything

#90
post #87
post #84

Earlier quoted context omitted.

>"Kaplan has a soft spot for Chevron, which the judge once described as “a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels, and lubricants on which every one of us depends every single day.”

That's literally just a factual description of what Chevron is.

Chevron is not the only producer of petroleum products in the world and not every person in the world relies on Chevron's products every single day. It's absurd to call that statement factual.
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