Scandal over Alleged Bribe Scheme that may Involve Presidency in Ecuador Lawsuit

By Mario A. Flores
Impunity Watch Reporter, South America

QUITO, Ecuador — Chevron announced that it obtained recordings of meetings in Ecuador this year that appear to reveal a bribery scheme connected to a $27 billion 16-year-old lawsuit the company has been battling over environmental damage at oil fields it operated in the Amazon forest in Ecuador.

The audio and video recordings reveal a $3 million bribe scheme implicating the judge presiding over the environmental lawsuit currently pending against Chevron, Juan Núñez, and individuals who identify themselves as representatives of the Ecuadorean government and its ruling party, including possibly Pierina Correa, the sister of Ecuador’s president, Rafael Correa.

Judge Núñez appears in the video released by Chevron explaining that he plans to rule against the oil giant later in the year or in January at the latest for an award of $27 billion, “more or less.” In that part of the video, the Judge says he will only discuss the verdict, not “the other stuff,” which Chevron contends is a $3 million payoff request. The video later implies that Ecuadorean President Rafael Correa will benefit from the bribe amount.

Correa, a left-wing economist who rose from obscurity to become Ecuador’s strongest president in recent years, has sided with the plaintiffs in the case, prompting Chevron to lobby Washington to strip Ecuador of American trade preferences. But the Obama administration allowed the preferences to continue as a chance to improve ties with Correa.

The release of the recordings is sure to focus more scrutiny on Correa, who has come under pressure over his clashes with the media and accusations of corruption involving another family member, his brother Fabricio Correa, a prominent businessman.

In one of the recordings made in June, the political operative negotiating the bribe identifies himself as an official in Correa’s political party, and refers to $3 million in bribes to be split equally among the judge, the presidency and the plaintiffs in the lawsuit.

In the same meeting, the operative explains how to approach the president’s sister about the bribe. “Tell Pierina clearly, ‘Madam Pierina, what we came to do beyond anything else is to participate, participate in the remediation. That’s why I want to make you part of this,’” he said.

The recordings, obtained by businessmen using spy watches and pens implanted with bugging devices, are not clear on whether any bribes discussed were actually paid or whether Judge Núñez was even aware of plans to try to bribe him. The tapes are also unclear as to whether the president’s sister was aware of the scheme or had participated in it. Nor is there confirmation that the political operative was in fact in contact with her.

Alexis Mera, a legal adviser to the president, dismissed the recordings as “approaching the level of defamatory libel,” and said Chevron’s was a “terrible legal strategy.”

This is not the first time Correa is plagued by accusations of alleged bribes. Earlier this year, the Colombian military seized a set of three laptops from the Revolutionary Armed Forces of Colombia (FARC), which were alleged to contain at least one video with evidence that the guerrilla group may have contributed money to Correa’s first election campaign in 2006.

President Correa has vehemently denied allegations that he received election funds from the Marxist FARC rebels. He has said evidence had been fabricated to destabilize his left-wing government.

For more information, please see:

San Francisco Chronicle – Chevron Ecuador Judge Nunez bribery scandal – implications – 31 August 2009

The New York Times – Chevron Offers Evidence of Bribery Scheme in Ecuador Lawsuit – 31 August 2009

Los Angeles Times – Chevron, Ecuador and a clash of cultures – 29 August 2009

The Wall Street Journal – Report: Chevron seeking probe of judge in Ecuador suit – 1 September 2009

Author: Impunity Watch Archive