* U.S. lawyer Donziger defends ties with Ecuador lawyer
* Oil company seeking sanctions in environmental case
* NY federal judge holding hearing on racketeering claims
By Jonathan Stempel
NEW YORK, April 16 Chevron Corp on
Tuesday sought to persuade a New York federal judge to punish a
U.S. lawyer representing Ecuadorean villagers who won a $19
billion environmental damages award, saying the lawyer is
withholding documents from the oil company.
In an unusual court proceeding, a Chevron lawyer sharply
questioned Steven Donziger, who represents residents of the Lago
Agrio region who claim the company is responsible for
contamination that sickened people in the Ecuadorean Amazon
At issue is the extent to which Donziger and others acted in
bad faith by failing to turn over files and documents that
Chevron claimed it needed for its case.
U.S. District Judge Lewis Kaplan in Manhattan is holding the
hearing as part of a 2011 lawsuit in which Chevron accused
Donziger and other defendants of racketeering and extortion.
That case is scheduled to go to trial in October.
The two-decade fight between Chevron and Lago Agrio
residents has included aggressive litigation tactics and
accusations of coercion and bribery that each side has denied.
Under questioning from Chevron lawyer Randy Mastro, Donziger
denied having directed his Ecuadorean counterpart Pablo Fajardo
to keep documents from Chevron, the second-largest U.S. oil
"Mr. Fajardo's view is that responding to your document
request would violate Ecuador law," Donziger told Mastro.
Donziger admitted that he lacks access to many documents,
including documents stored on Fajardo's computers, and thus
could not speak to their importance.
Mastro, meanwhile, sought to discredit Donziger's contention
that he worked for Fajardo, not the other way around.
Donziger stands to earn more than $1 billion if the $19
billion judgment were upheld, while Fajardo would make just
under one-third that amount, Mastro said.
"So you make more than three times as much as Mr. Fajardo
does for working on this case, but you testify that you work for
him?" Mastro said.
Chevron's lawyer also introduced other evidence suggesting
that Donziger was in fact calling the shots, noting that Fajardo
has sometimes called Donziger "Commander."
Donziger said that moniker should be seen "as a term of
affection, not as a term of hierarchy."
In 2011, the Lago Agrio plaintiffs won an $18.2 billion
judgment in Ecuador, which has since grown to the $19 billion,
on claims that San Ramon, California-based Chevron is
responsible for contamination of their water and soil.
The environmental damage was supposedly caused by Texaco,
which operated in Ecuador from 1964 to 1992. Chevron took on
Texaco's liabilities when it bought the company in 2001.
Chevron says the Ecuador ruling is unenforceable. The
Ecuadorean residents have yet to collect on the award and are
trying to enforce the judgment in countries where Chevron
Donziger has led that charge in the United States. Under
questioning from his lawyer, John Keker, he said his authority
has been reduced in recent months, furthering his argument that
he lacked control to get the documents Chevron wants.
The Lago Agrio plaintiffs "wanted an adviser, not a person
in control or in command of their decisions," Donziger said.
"It's preposterous to think I can order Pablo Fajardo to turn
over his case files to me."
Kaplan regularly chastised lawyers at the hearing for
interrupting one another.
"Look Mr. Keker, I'm going to run this courtroom, and you're
not going to tell me how," he told Keker, who had objected to
what he thought was Mastro's interrupting an answer by Donziger.
Last month, in challenging other rulings by Kaplan, the Lago
Agrio plaintiffs urged a federal appeals court to replace him
with a different judge, citing his alleged "contempt" for
Ecuador and its courts and "ill will" for Donziger.
Chevron won a victory on Monday when U.S. Magistrate Judge
James Francis recommended the dismissal of counterclaims by
Donziger accusing the company of harassment and trying to block
enforcement of the judgment.
Kaplan will review the recommendation. The hearing that
began on Tuesday is expected to last several days.
The case is Chevron Corp v. Donziger et al, U.S. District
Court, Southern District of New York, No. 11-00691.
(Reporting by Jonathan Stempel; Editing by Martha Graybow and