Monday, August 31, 2009

Chevron Ecuador Judge Nunez focus of bribery allegation

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In a blockbuster development, Ecuador Judge Juan Nunez, the key legal figure in the Chevron Ecuador environmental damage case, is captured in a video shown here explaining that he plans to rule against the oil giant and for an award of $27 billion "more or less". The judge explains that the verdict will happen and that Chevron will be blocked from filing an appeal of his ruling. In that segment of the video, the Judge explains he's only there to talk about the verdict, not about "the other stuff" which refers to a $3 million payoff request. Later in the video its implied that Ecuadorian President Rafael Correa will benefit from the bribe amount.

On video today I talked to Chevron Media Relations representative Sean Comey about the video and Chevron's investigation.



In the video Judge Nunez, Aulo Gelio ServioTulio Avila ("Avila"), and Pablo Almeida and are talking with two gentleman, Wayne Hansen and Diego Borja who are environmental remediation contractors and in the Judge's chamber in Lago Agrio, Ecuador.  Hansen and Borja have pen-installed camcorders in their shirt pockets.  Diego Borja has worked for Chevron before, Hansen has not, according to Chevron.

Judge Nunez (on the left)

The idea of the meeting was for the Judge and his political associates to be paid by the environmental company for business that would come to them as a result of the Judge's planned verdict.  Here's what the Judge said from the video and the Amazonpost website:

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 Judge says "I have nothing to do with that other part" which is not explained in full but Garcia below fills in "the blanks" later, explaining that the Judge will be paid part of $3 million from the consulants.


 Patricio Garcia

The second part of the video has an operative Patricio Garcia (photo from the Amazonpost website) who's reportedly a member of Ecuador's ruling party talking about how the $3 million would be delivered and transfered. This is what was said by Garcia:


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.”


Here's the 30 minute version of the video (the full two hour version is here):



But there's more to this video than what's reported in the press thus far. The focus here is on President Rafael Correa, who's office is named by Patricio Garcia as a beneficiary of the planned bribe money as is "his sister" as stated in the video above. As of this writing Correa has not issued a statement, but his reputation has already come under attack.

The second part of the video was filmed at Alianza PAIS (which means "Proud and Sovereign Fatherland" according to the Wikepedia listing)  Offices June 22, 2009.   PAIS is a political movement led by President Correa.   Who Patricio Garcia is beyond his appearance in this video and his role in PAIS is still basically unknown as of this writing. 

Garcia says that the President's sister  Pierina will be helpful (presumably in making sure that the businessmen get their piece of the planned $27 billion pie) and will meet with "The Gringo" (that's Hansen).  I checked and "Prierina" is indeed  described here as "Pierina Correa, the president's sister and an Alianza País leader in Guayas province".  That confirms my assertion that Garcia is tied to the President and his family as he states in the video.


Shocking.  


Chevron wants Nunez taken off the case

The implication here is that as Chevron's Comey said in my video above, Chevron wants Nunez taken off the environmental damage case.  But given that Chevron has informed the U.S. Department of Justice, the revalation could have deeper implications.  

It could cost the country its Andean Trade Preference Act (ATPA) status, which was just renewed in June of this year.  Whatever the case, this news sends a clear message that doing business in Ecuador is not the "clean" experience it should be. Until now, blogs have reported the problems of corruption in Ecuador and with respect to President Correa's involvement in the Chevron case, but now we have visible evidence to back those claims.

The news also forever destroys the claim made by Ecuador lawsuit legal advisor Steve Donziger and others who say that the lawsuit against Chevron has nothing to do with the Ecuadorian Government and is brought by citizens of the Amazon. But Correa has appeared with Donziger in public and has been interviewed about the case.

Right.  

One can see that the bribe money's not going anywhere near those groups of people Donziger claims to represent; the political party PAIS would get it and "handle it" as Garcia said in the video.  The question is, did Donziger or his associates in Ecuador and America know about this bribe plan?  Was he to be one of the plaitiffs that would get the bribe money? In the Amazon Defense Coalition statement today, he does not address the possibility that he may be involved, instead he said "As the facts come out it's going to backfire heavily on Chevron."



Amazon Defense Coalition defends Judge Nunez


Karen Hinton of the Amazon Defense Coalition told Reuters that the video shows Judge Nunez resisting the bribery matter. (This is Hinton's full statement.)  In point of fact, the video shows the judge saying that he's speaking in the role of Judge and "does not know about that other matter" which is a way of saying he does know but does not want it to be officially said that he does know.  It's called "plausible deniability ." 

Stay tuned.

Notes:

Full video transcripts:


Meeting 1 Transcript (228 KB)
Meeting 2 Transcript (195 KB)
Meeting 3 Transcript (218 KB)
Meeting 4 Transcript (217 KB)

Wednesday, August 12, 2009

Miley Cyrus' stripper pole dance at Teen Choice Awards

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When I learned that teen star and Twitter mogul Miley Cyrus had literally done a number on a stripper pole at the Teen Choice Awards Monday night, two thoughts entered my mind: first, who convinced the 16 year old to do it, second, does this mean a sex tape's in her future too. I say and write that because I learned she and her father Billy Ray Cyrus came up with the dance production idea. So if her dad's cool with his daughter dancing around that pole at her age, the sky's the limit, right?

Monday, August 10, 2009

Michael Vick please show that you have class!

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Now as any regular follower of my blogs knows, I'm really happy former Atlanta Falcons Quarterback Michael Vick's back in the NFL, and even though he's not signed with a team yet, former Indy Coach Tony Dungy said on NBC's telecast of the "Hall of Fame Game" that a team should sign him within the next week. That's great. But just because God's smiling on Vick, doesn't mean he has to lose control of the image he's working to build so quickly, and risk blowing it all.

What do I mean? Well, there's a new set of expectations of Vick from a number of people: NFL Commissioner Roger Goodell, Dungy, and anyone rooting for Vick to get a second chance and most important succeed at it. I count myself here because I embarked on an attack against on PETA (People for the Ethical Treatment of Animals) for its race-tinged smearing of Vick, and I'm still not done with PETA. But because of that, I expect Michael Vick to be that guy we all want him to be, and not someone sporting the latest in thug attire and saying "I'm gonna always love my N___, you know what I'm sayin" as he did in this video:



When I got wind of this via Charles Robinson of Yahoo Sports on Twitter, I pretty much fell out of my chair. I wanted to make sure I wasn't being too anal about the whole deal so I asked my Mom, who's visiting me, to come over and watch the video. Her words came out as soon as she listened to him: "He's not gonna make it," she said.

I informed Mom that Coach Dungy said Vick would be signed by someone and she said "I hope so." So do I.

See, what Mike doens't understand is now, like it or not, everyone black's not only rooting for him and fighting for him, but demands that he represent himself in a way that justifies our actions in defending him. I write "black" because Vick's behavior ignites the age-old argument of what it means to be black in America and the idea that one does not have to act black, but that's another blog post, back to this one.

Allowing ones self to be on camera showing the best of thug life (another code word for "acting black") doesn't help us one bit. I don't know where anyone got the idea that rap culture was desirable, but Vick's got to understand if he wants to establish himself as lovable to corporate sponsors (and if you want to say that's a code word for "acting white" go ahead but my retort is that being clean, intelligent, and presentable to companies has nothing to do with race at all), he's got to lose that shtick, and fast.

Am I being harsh, yes, massively so. Do I care? No way. I'm really ticked-off with Vick's actions; perhaps T.O. (Terrell Owens) can talk me down and talk to him in the process. Protecting the proper image is at the center of this issue of Michael Vick's future. There are people betting that Vick will be just the kind of person he's showing himself to be in that YouTube moment and that's not acceptable to us, his fans. While Michael may feel he's got to "keep it real" as Chris Rock would say, "keeping it real, yeah, real dumb" is what he's doing.

Why in hell would Michael allow someone to point a camera at him and just follow him around without knowing what the digital image was going to be used for? Vick not only didn't care, he got right up to the camera and came off big in his thuggy glory.

Great, man. Just peachy.

What we want to see - Ok, what I want to see is a clean-cut, smooth, thoughtful version of Vick that by its very existence gives a collective finger to his doubters and allows him to regain then surpass the value he had before he was hauled off to jail. In the NFL, where potentially hundreds of millions of dollars can be brought to bear on one person, image is everything. One can't whine and cry about not being able to wear his gangta t-shirt or not "looking black", unless of course he wants to kiss his revenue potential goodbye. If so, then fine. There's thousands of brothers on the street trying to sell their music and "looking black in the process, perhaps Vick can join them.

Call me "Uncle Tom" or whatever. I don't care. I'm keeping it real myself. And the real story is that the Michael Vick I saw in that video is pretty much the same Michael Vick I briefly met at the 2000 EA Sports Party in Atlanta during the Super Bowl. At that event, Vick was playing video games wearing a white tank top shirt some call a "wife beater" shirt. His hair was braided. I was disappointed and wanted to kick the ass of whomever was supposedly advising him.

There's no denying Vick's physical talent, but I want to see him bring himself to an NFL-level of character and image, if anything because it's a good, positive message to send to kids. He didn't project that NFL-level of person at the EA Sports party 10 years ago, where he should have dressed business casual, and he's didn't show it on the YouTube video.

Coach Dungy, please talk to Michael before its too late. As my 74-year old Mom said "He's got to stay away from that old crowd. C'mon Vick!"

Amen.