-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

that the Government was managing Judge Núñez, had instructed him on how to
distribute the money in the judgment, and had provided lawyers to help craft the opinion
against Chevron. Incredibly, in immediate response to these recordings, Prosecutor
General Pesántez asked Judge Núñez to recuse himself from the case—not because of
the improper conduct reflected in the recordings, but rather to “ensure that the ruling will
not be delayed any longer” and to “avoid any artful device that may be used by the
North American oil company to avoid paying the compensation we believe is more than
fair because it caused a lot of damage in our country.” 620 And President Correa again
confirmed “[o]f course I want our indigenous friends to win.” 621
As a whole, the evidence leaves no doubt about the close collaboration between
the plaintiffs and the State, or about the central role of the Government in pressuring the
Court toward a large and speedy judgment in the plaintiffs’ favor. One outtake from
Crude is particularly revealing on this score: During a conversation, Mr. Donziger
comments on my client’s allegations of a “conspiracy” between the plaintiffs and the
Ecuadorian Government, to which Mr. Kohn—a partner at the U.S. law firm funding the
plaintiffs’ litigation—responds: “If only they knew.” 622 By virtue of this conspiratorial
collusion and pressure, Chevron’s due-process rights were violated and the fairness of
the trial was irreparably impaired.
CHAPTER IV.
SYSTEMATIC CONSTITUTIONAL VIOLATIONS AND SUBSTANTIAL
PROCEDURAL DEFECTS RENDER THESE PROCEEDINGS A LEGAL NULLITY
For many of the reasons discussed throughout this brief, this case suffers from
several insurmountable procedural defects and constitutional irregularities that, in
accordance with constitutional and procedural regulations, require you, Your Honor, to
declare the entirety of these proceedings to be legally null and void. The most critical
violation in these proceedings is, of course, is the fraud perpetrated by the plaintiffs
throughout this trial, as shown above in Chapter II. In addition, this trial has been
marked by the violation of Chevron’s due process rights, including, among others, the
refusal to punish the plaintiffs’ malfeasance and fraud committed throughout this
proceeding; and the systematic violation of substantial solemnities required in every
proceeding, processing a complaint that was ratified with forged signatures of at least
20 of the alleged plaintiffs and was incomplete (failure by the supposed plaintiffs who
could not or did not know how to sign to appear before the Court clerk to stamp their
fingerprints), which kept the judge from taking jurisdiction over them, as well as the
improper joinder of actions and the inclusion of subject matters that are beyond the
620 Press Conference with Washington Pesántez , Prosecutor General of Ecuador, Sept. 4, 2009,
attached as Annex 10 to Chevron’s Motion, filed July 13, 2010 at 8:48 a.m.
621 Citizen Link Number 137, Ecuador TV, Sept. 12, 2009 at 11:40 a.m. (commentary of President
Rafael Correa); BRONSTEIN, Hugh, Ecuador Says Had No Role in Alleged Bribery Case, Reuters, Sept.
12, 2009.
622 Transcript of Crude Outtakes, attached as Exhibit 2 to Chevron’s Motion filed Sept. 14, 2010
at 11:10 a.m. (CRS 169-05-09).
CERT. INTERMARK VER: JD
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