Richard Cabrera Files Fraudulent Report: Chevron Claim

The "Richard Cabrera Report" is the basis for the much-used number "$16 billion" as the cost of Ecuador's lawsuit against Chevron. Now, Chevron representatives hammered this claim for the following reasons:

1. Cabrera manipulated and altered findings to justify false conclusions, including backdating photos;

2. He presented no evidence of pollution by Texaco Petroleum, erroneously assigning $1.4 billion in remediation costs to pits he did not visit and do not exist;

3. He presented no evidence to support cancer claims - neither identifying a single individual nor including a single medical report;

4. He did not take a single drinking water sample to establish contamination, yet he assigned $428 million in damages to be paid to improve Ecuador's potable water system;

5. Plaintiffs helped Cabrera compile the report, accompanying and assisting him on field trips, influencing the content of his report by providing him methodological tools such as questionable surveys and pre-written reports to use as report exhibits;

Item number 5 is key, because it's another example of how the government of Ecuador has been assisting the lawsuit against Chevron. Finding evidence to support this claim has been hard but this is one more item.

Ecuador Lawyer Pablo Fajardo Says Chevron Ecuador Case Could End In 2011

This is new and extraordinary news, considering that both sides expected a ruling this year. Well, someone's going to have to finance Steve Donziger for another three years!

By Mercedes Alvaro - Dow Jones Newswires, September 16, 2008: 5:47 PM

QUITO - (Dow Jones)- A five-year-old environmental-damage trial in Ecuador against U.S. oil company Chevron Corp. (CVX) could take at least two or three more years, lawyers said Tuesday.

The delay is expected after objections to an April report from a court- appointed expert were received by a court in Lago Agrio.

The report prepared by Richard Cabrera, a geologist and environmental consultant, recommended that Chevron pay at least $8.3 billion, and maybe as much as $16 billion, in compensation for environmental damage in Ecuador.

Chevron is facing the lawsuit in Ecuador for alleged contamination by its Texaco unit in the Amazon region of Lago Agrio. The company is accused of having used out-of-date technology that led to environmental damage.

The complaint was launched in 1993 in a lawsuit in New York courts, which ruled that the case should be tried in Ecuador. In May 2003, several indigenous groups filed a lawsuit against the company in Lago Agrio (Nueva Loja).

The judge is expected to give Cabrera a reasonable timeframe to answer the objections from both Chevron and the plaintiffs.

Pablo Fajardo, one of the plaintiffs lawyers, told Dow Jones Newswires that he expects a final decision in 2011.

Chevron on Monday submitted its objections to Cabrera's report, saying that it contains "fabricated and erroneous evidence," exaggerated claims for damages and "was developed in collusion with the plaintiffs and their attorneys."

The company urged the court to reject Cabrera's report and accused him of manipulating and altering findings to justify false conclusions, including backdating photos.

The aim, said the company, is to make Chevron liable for all the environmental impact caused solely by Ecuadorian state oil company Petroecuador during 18-plus years of operation of the concession.

Meanwhile, the plaintiffs submitted their objections on Tuesday.

Fajardo said the plaintiffs are asking Cabrera to calculate the amount of damage to water supplies, and other damages.

Chevron has said several times that it has met all the requirements for environmental cleanup that were agreed upon with Petroecuador.

Chevron also has said that in 1998 Petroecuador released the U.S.-based company from any liabilities regarding cleanup efforts.

The plaintiffs said that this release isn't from individual claims and that the so-called "cleaned up" pits remain contaminated.

Ecuador Lawyer Pablo Fajardo Says Chevron Ecuador Case Could End In 2011

This is new and extraordinary news, considering that both sides expected a ruling this year. Well, someone's going to have to finance Steve Donziger for another three years!

By Mercedes Alvaro - Dow Jones Newswires, September 16, 2008: 5:47 PM

QUITO - (Dow Jones)- A five-year-old environmental-damage trial in Ecuador against U.S. oil company Chevron Corp. (CVX) could take at least two or three more years, lawyers said Tuesday.

The delay is expected after objections to an April report from a court- appointed expert were received by a court in Lago Agrio.

The report prepared by Richard Cabrera, a geologist and environmental consultant, recommended that Chevron pay at least $8.3 billion, and maybe as much as $16 billion, in compensation for environmental damage in Ecuador.

Chevron is facing the lawsuit in Ecuador for alleged contamination by its Texaco unit in the Amazon region of Lago Agrio. The company is accused of having used out-of-date technology that led to environmental damage.

The complaint was launched in 1993 in a lawsuit in New York courts, which ruled that the case should be tried in Ecuador. In May 2003, several indigenous groups filed a lawsuit against the company in Lago Agrio (Nueva Loja).

The judge is expected to give Cabrera a reasonable timeframe to answer the objections from both Chevron and the plaintiffs.

Pablo Fajardo, one of the plaintiffs lawyers, told Dow Jones Newswires that he expects a final decision in 2011.

Chevron on Monday submitted its objections to Cabrera's report, saying that it contains "fabricated and erroneous evidence," exaggerated claims for damages and "was developed in collusion with the plaintiffs and their attorneys."

The company urged the court to reject Cabrera's report and accused him of manipulating and altering findings to justify false conclusions, including backdating photos.

The aim, said the company, is to make Chevron liable for all the environmental impact caused solely by Ecuadorian state oil company Petroecuador during 18-plus years of operation of the concession.

Meanwhile, the plaintiffs submitted their objections on Tuesday.

Fajardo said the plaintiffs are asking Cabrera to calculate the amount of damage to water supplies, and other damages.

Chevron has said several times that it has met all the requirements for environmental cleanup that were agreed upon with Petroecuador.

Chevron also has said that in 1998 Petroecuador released the U.S.-based company from any liabilities regarding cleanup efforts.

The plaintiffs said that this release isn't from individual claims and that the so-called "cleaned up" pits remain contaminated.

Chevron Pipelines Attacked In Nigeria and Columbia; FARC May Be Responsible In Columbia

In the ongoing matter of Chevron and Nigeria comes a report from UPI declaring that "Nigeria attack cripples Chevron". Moreover, the same report points a finger at militant groups like the Movement for the Emancipation of the Niger Delta (MEND). And while there's no recorded link between MEND and Chevron accuser Larry Bowoto, it seems the two have similar aims: to cripple Chevron's presence in the region, as well as that of Royal Dutch Shell.

Consider this UPI report:

Chevron Corp. has declared a force majeure on its oil exports following a particularly destructive attack on one of its installations in the Niger Delta.
Officials at the U.S. oil company said that though production was unaffected at offshore installations, Chevron could not meet its production quotas for customers because of shortfalls caused by the pipeline attack last week at the Escravos oil field in the delta.

Though Chevron would not say just how much production was lost due to the attack, Nigerian energy officials estimated the losses at over 100,000 barrels per day, a blow that prompted the company to declare force majeure, relieving them of their contractual obligations until the assaulted pipeline can be repaired and secured.

Chevron, meanwhile, is not the only company reeling from the recent increase in violence against foreign oil interests by armed militant groups in the delta. Royal Dutch Shell (NYSE:RDS-A), the leading foreign petroleum company operating in Nigeria, suffered yet another in a long list of attacks at its Bonga facility last week, prompting the Anglo-Dutch company to halt production for several days.

It wasn't the first time Shell was forced to scale back production due to militant violence. In January, Shell shut down operations at its Forcados terminal following pipeline attacks that threw its 100,000 barrel-per-day production offline. The terminal already had been shut once before because of violence and reopened in October 2007 after more than a year of halted production. Since its reopening, the facility, which can produce some 450,000 barrels per day, had been operating at a fraction of its capacity.

FARC May Be Behind Anti-Chevron Ecuador Efforts

It seem that MEND has something in common with FARC, the same organization that kidnapped now freed politician Ingrid Betancourt: both have apparently bombed Chevron pipelines. in FARK's case, such an activity has been ongoing since 2001, but not limited to Chevron at that time; Petroecuador pipelines -- Petroecuador has long been a partner to Chevron in the region -- were the targets of that Columbian rebel group and that continues today.

Since Ecuador's charging that Columbia's using U.S. made weapons, it seems that Chevron's made as the scapegoat, when it provides much needed employment to the region as is true in Nigeria.

Chevron v. Larry Bowoto - Nigerian Accuser In Court To Explain Why Half Of Case Was Dropped

Larry Bowoto, the Nigerian Accuser who claimed that Chevron hired people who then shot him and violated his human rights, is the focus of a court hearing that starts today according to the SF Sentinel, and which seeks to learn why Bowoto dropped half the charges that he brought before Chevron.

Chevron has claimed that Bowoto and more than 100 members of his paramilitary group stormed the Parabe oil platform, 9 miles off the Nigerian coast and held its employees hostage until Nigerian police and military intervened and helped save the Chevron Nigeria employees.

It reads like another version of the Ecuador Shakedown. I am getting updates on this via the Internet so visit this blog for more news on this investigation.

Chevron Attacker Larry Bowoto Avoids Human Rights Violation Claim - SF Sentinel

The SF Sentinel now reports a story we first broke over at this blog where Larry Bowoto, the Nigerian man who claims he was shot by persons employed by Chevron, and whom Chevron points to as the person who held their employees hostage for several days, has dropped his lawsuit claim of human rights violations.

The Sentinel observes:

It is looking more and more likely that Bowoto and 150 of his compatriots took over the Chevron oil platform off Nigeria in a hostage takeover — which is far different from their claims of human rights abuse.

The trial is in September.

Nigerian Larry Bowoto's War Against Chevron Hits Brick Wall

Who is Larry Bowoto?



Larry Bowoto is an indigene of Ilaje community in Ondo State, Nigeria. He claims that Chevron hired people to shoot him as he was protesting. This story is all over the Internet, but the other side of it is not. Chevron claims that Bowoto was one of several 100 who held Chevron employees hostage for several days.



A trial starts in September 2008 in San Francisco federal court against Chevron by Larry Bowoto, but after almost a decade, Bowoto’s legal team very quietly dropped half the case against Chevron earlier this year...More.



UPDATE: Trial Information