Steven R. Donziger | |
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Donziger in 2021 | |
Born | September 14, 1961 Jacksonville, Florida, U.S. |
Education | American University (BA) Harvard University (JD) |
Occupation | Human rights lawyer |
NEW YORK, June 22 (Reuters) - A divided U.S. appeals court on Wednesday upheld the criminal contempt conviction of a disbarred lawyer who won but was unable to collect a $9.5 billion judgment against Chevron Corp for polluting the Ecuadorian rainforest.
In 2011, Donziger won an $18 billion settlement against Chevron on behalf of 30,000 Indigenous people in Ecuador for dumping 16 billion gallons of oil into their ancestral land in the Amazon.
Chevron has âcapturedâ the judge, Donziger said, and now the oil company seems omnipresent in his fate.
The case stems from Steveâs role in suing Chevron on behalf of 30,000 Amazonian Indigenous people for dumping 16 billion gallons of oil into their ancestral land in the Ecuadorian Amazon. Ten years ago, Ecuadorâs Supreme Court ordered Chevron to pay $18 billion.
On July 26, 2021, Donziger was found guilty on all six contempt charges, and Preska sentenced him to the maximum of six months in prison. Chevron's win against Donziger was not just acquired through shady legal meansâalthough executing their imprisonment of Donziger required hundreds of lawyers from 60 firms.
Steven Donziger, the environmental and human rights lawyer who won a $9.5 billion settlement against Chevron over oil dumped in Indigenous lands in the Amazon rainforest, surrendered himself to the federal authorities on Wednesday to begin a six-month prison sentence.
In September 2021, the United Nations High Commissioner for Human Rights stated that the pre-trial detention imposed on Donziger was illegal and called for his release. Having spent 45 days in prison and a combined total of 993 days under house arrest, Donziger was finally released on April 25, 2022.
Donziger, who was disbarred in New York last year, was found guilty of criminal contempt in July including for failing to turn over his computer and other electronic devices in connection with his long-running legal battle with Chevron Corp over oil pollution in Ecuador.
Donziger sued Texaco in 1993 on behalf of Indigenous people from Ecuador's Amazon region over pollution and health impacts from oil production. Chevron became the defendant when it acquired Texaco in 2001.
Donziger was sentenced to six months in prison earlier this month after being found guilty of criminal contempt of court in July for withholding evidence in his long-running battle with the energy giant. He was disbarred over the conviction.
Steven Donziger arrives for a court appearance at Daniel Patrick Moynihan United States Courthouse in Manhattan on May 10, 2021 in New York City. Michael M. Santiago/Getty Images
Donziger was disbarred last year after being found guilty in July of criminal contempt of court for withholding the evidence in the legal fight with Chevron, which claims that he fabricated evidence in the 1990s to win a lawsuit he filed against the energy giant on behalf of Indigenous people in Ecuador.
NEW YORK -- An environment al lawyer who waged a decadeslong campaign to hold Chevron accountable for oil pollution in the rainforests of Ecuador was sentenced Friday to six months in jail for violating a federal judgeâs orders related to his fight against the energy giant.
A court in Ecuador ordered Chevron to pay $9.5 billion, but that judgment was later invalidated in New York by U.S. District Judge Lewis A. Kaplan, who ruled in 2014 that it was obtained through fraud, bribery, witness tampering and other misconduct.
In court, Kuby asked Preska to view the proceedings âthrough eyes of Ecuadorian villagersâ harmed by oil drilling, but Preska said the contempt case was not about pollution in Ecuador but âonly about Mr. Donziger's disobedience of Judge Kaplanâs orders.â
Donziger and other attorneys sued Texaco in 1993 on behalf of 30,000 farmers and Indigenous people from Ecuador's Amazon region over pollution and health impacts from oil production. Chevron became the defendant when it bought Texaco.
Rita Glavin , the special prosecutor for the case, said, âMr. Donziger knew what he was doing every step of the way. His conduct was not appropriate, and it was certainly not ethical.â
Chevron didn't dispute that the pollution happened, but says Ecuador's state oil company, Petroecuador, was primarily responsible for the damage and that Texaco was released from liability after a $40 million cleanup.
U.S. District Judge Loretta A. Preska, who decided the sentence after a criminal contempt trial earlier this year in New York, said Steven Donziger's commitment to his Ecuadorian clients and their cause did not justify his defiance of court orders.
A federal judge on Monday found a former lawyer who secured a $9.5 billion judgment against Chevron guilty on six misdemeanor criminal contempt charges, the culmination of a legal case that has drawn accusations of retaliation by the energy giant.
Donziger blasted the decision in a statement of his own Monday, calling it âthe latest attempt by Chevron and its judicial allies to criminalize me and to send a message of intimidation to legitimate human rights lawyers who successfully challenge the major polluters of the fossil fuel industry.â
The same year, Chevron countersued Donziger, accusing him of doctoring evidence in the case and bribing a judge. After Judge Lewis Kaplan ruled in favor of the company, Donziger appealed, and incurred the contempt charges during the appeals process. He has been under house arrest in relation to the contempt charges for nearly two years.
Had Texaco not broken the rights of the Equadorians there would not have been a problem at all.
Right wingers always leave off the context. The king wanted to kill the lawyers so nobody would be able to stop his crime spree.
In his statement, Donziger noted the law firm Kaplan assigned to the case, Seward & Kissel, has previously been retained by Chevron. Preska has ruled the $30,000 Chevron paid the firm was not a large enough amount to constitute a conflict of interest.
Steven Donziger in 1993 sued Texaco on behalf of a coalition of Ecuadorean farmers and Indigenous people who alleged its activities in the country led to environmental disaster. After Chevron bought Texaco in 2001, the litigation was moved to Ecuador, where a court ruled in favor of the plaintiffs in 2011.
While the US attorney for the Southern District of New York refused to prosecute for the case, Chevron hired private law firm Seward & Kissel to take it on.
Environmental and human rights lawyer Steven Donziger surrendered himself to federal authorities on Wednesday this week, following a lengthy legal battle with oil major Chevron. Donziger, who won a $9.5bn settlement against the company in 1993 for oil waste dumped on Indigenous land in Ecuador, was found guilty of contempt of court in July this year.
According to Chevron, Donziger fabricated and withheld evidence to strengthen his case, with the oil major maintaining that Ecuadorâs domestic oil company Petroecuador was responsible for the oil spill.
While the ruling at the time was a landmark decision as the largest sum won against an oil major, Chevron has not yet paid the money or enacted a cleanup , and a Manhattan judge ruled against the $9.5bn judging in 2014, saying it had been won through illicit means such as bribery and fraud.
In one of the stranger episodes in this saga, Chevron relocated Alberto Guerra, an Ecuadorian judge, and his family to the US, paid for his health insurance and a car while meeting with him more than 50 times before he provided testimony that Donziger discussed the bribe with him at a Quito restaurant.
A well in Amazonian Peru. Donziger was first touched by his case with Chevron in 1993. Photograph: Rodrigo BuendĂa/AFP/Getty Images
Steven Donziger has been detained at home since August 2019, the result of a Kafkaesque legal battle stemming from his crusade on behalf of Indigenous Amazonians.
The oil company Texaco had carved out drilling outposts in this tract of the Amazon since the 1960s, leaving what Donziger calls âgrotesqueâ Olympic swimming pool-sized waste pits of oil. Pollution flowed freely into rivers and streams used by the Indigenous population for drinking water.
Kaplanâs conduct, Donziger said, has been an âabomination, unethical and abusive. I never thought this could happen in the US.â. Other lawyers have voiced more measured concerns over Kaplan. Chevron has âcapturedâ the judge, Donziger said, and now the oil company seems omnipresent in his fate.
Chevron has never paid up, claiming âshocking levels of misconductâ and fraud by Donziger and the Ecuadorian judiciary. But the subsequent web of events that has led to Donziger being detained and stripped of his law license is befuddling even to legal scholars.
Chevron is not involved in that case.â. In Donzigerâs eyes, the only real corruption has occurred in the US system, not Ecuadorâs, a symptom of what he views as a âcolonialâ mindset that has airily dismissed judgements made outside the US and obscured the ultimate protagonists of this saga, the people of Lago Agrio.