Monday, October 31, 2016

Exxon Campaign Against Environmental Groups and AG Offices Eerily Similar To Chevron's Against Ecuadorian Indigenous

Reposted from Medium.

Exxon and Chevron have something in common other than oil these days. They both are playing big victims in big ways to distract from their environmental wrongdoing.

These gigantic companies are arguing in court that separate but similar “illegal conspiracies” against them are underway by groups of environmentalists, states attorneys general, trial lawyers and liberal-leaning advocates.

Chevron says it’s being “victimized” by a group of impoverished Ecuadorian indigenous peoples and their lawyers who won a historic $9.5 billion judgment for water and soil contamination in the Ecuador rainforest and want Chevron to pay up now, after 23 years of litigation.


Ecuadorian women and their children living in the rainforest who Chevron says are “conspiring” against the oil giant in collusion with their lawyers and environmental groups, like Amazon Watch — Photo by Lou Dematteis

Note: Chevron demanded the historic court case be tried in Ecuador, in the first place, and accepted jurisdiction there. Three levels of Ecuador’s courts have upheld the damage award, based on no fewer than 106 technical evidentiary reports submitted to the court.
But, like Donald Trump who refuses to accept the outcome of the presidential election unless he wins, Chevron refuses to pay the environmental judgment.
That’s after the company stripped its assets from Ecuador during the trial, forcing the Ecuadorians — who have suffered from decades of pollution — to file a lawsuit in Canada to seize company assets there as payment for the Ecuador judgment.
Meanwhile, Exxon would have us believe environmental groups and states attorneys general are colluding — in violation of their 1st, 4th and 15th Amendment rights — by demanding to know what Exxon knew about climate change in the 1970s but intentionally kept from shareholders and the public. They are asking questions about possible securities law violations based on Exxon’s obvious deceptions about global warming. Check out one of numerous internal admissions kept from shareholders.


While Chevron wrote the “victim” playbook, Exxon is taking pages from it. Examples of the eerily similar campaigns:

Similar Message


Exxon spokesman Alan Jeffers used this line in recent news coverage to describe its victimization: “This is a conspiracy to deliberately misrepresent the company’s position and to tear down the company.”

Chevron’s main lawyer Randy Mastro — known for “exonerating” NJ Governor Chris Christie in the Bridgegate scandal — has accused the Ecuadorians and their lawyers of a “criminal conspiracy” and said, if successful, “it will be open season on U.S. corporations.”

Similar Tactics


Chevron has by its own admission sought to demonize one of the Ecuadorians’ lawyers, Steven Donziger. In much the same way, Exxon is demonizing the motivations of state attorneys general.

Exxon has recruited U.S. Congressman Lamar Smith to conduct hearings on the investigation launched by state attorney generals. As Chairman of the House Science Committee, the Texas lawmaker has subpoenaed the environmental groups and Attorneys General in New York and Massachusetts for all sorts of documents as an obvious form of harrassment.

Chevron played a similar card over ten years ago, lobbying Congress to end Ecuador’s trade preferences in retaliation for “allowing” the Ecuadorians to file a lawsuit against the oil giant. Had Congress agreed, Ecuador would have lost thousands of jobs for its low-income residents. A Chevron lobbyist told Newsweek the U.S. “…can’t let little countries screw around with big companies like this — companies that have made big investments around the world.”

Similar Legal Strategy


Chevron countersued the Ecuadorians and their lawyers claiming their entire case was a “sham” and that they were trying to extort money from the company.

In turn, Exxon took the AGs and the environmentalists to court.

Here’s the reality on these two so-called “conspiracies”.

When it became clear the Ecuadorians would win their long court battle in Ecuador, Chevron unveiled an intimidation campaign in the U.S. designed to discredit the Ecuadorians and their lawyers, delay the enforcement of the Ecuador judgment and deceive the public and financial markets about what happened in the South American country.

With over 2,000 lawyers and legal assistants, at least six major public relations firms and as many, if not more, lobbying firms in tow, Chevron filed a retaliatory, RICO lawsuit for extortion and bribery against the Ecuadorians and launched a coast-to-coast PR slander campaign against them and their lawyers.

Now comes Exxon with a similar campaign against 350.org, Sierra Club, the Environmental Defense Fund and the Natural Resources Defense Council and 40 other well-known environmental and social justice groups, as well as the Attorney General.

Exxon’s PR guru Suzanne McCarron told a Business Week reporter that the effort against Exxon “feels very orchestrated” and “we wanted to know who’s behind this thing.”

Of course, it’s no secret — and never has been — who is behind it. All McCarron had to do was Google search “Exxon” and “climate change” and the people criticizing her company will appear. It’s absurd to believe the groups “behind this thing” don’t have constitutional rights to criticize and probe the actions and policies of a publicly-traded company.

But, like Chevron, if Exxon could build a different narrative — one of intrigue, conspiracies, and collusion — then the leaders of the “conspiracy” could be discredited and demonized, just as Chevron tried to do to the lawyers for the Ecuadorian villagers.

“Exxon has hired an army of lawyers to try and distract from the real story here: that they lied about their knowledge of climate change for decades,” said 350.org communications director Jamie Henn. “Delay and deceit.”

“Exxon’s filing leaves out the fact that they have spent millions of dollars funding misinformation campaigns, faux think tanks, and the elections of climate deniers. They’re reacting this way because they know the stakes of this investigation are enormous.”

The Ecuadorians could tell the U.S. environmental groups a thing or two about delay, deceit, and distractions.

Delay: 23 years of litigation in U.S., Ecuadorian and now Canadian courts, thanks to the litigious Chevron and its bottomless pit of money for lawyers.


Another example of Chevron’s deceit and deception in Ecuador rainforest.

Deceit: Chevron’s paying a witness over $2 million in cash and benefits to testify falsely against the Ecuadorians that they bribed a sitting judge and wrote the judgment for him. The $2 million is four times the amount of the false bribery claim. Chevron’s lawyer Mastro and his team spent 53 days “coaching” the witness to lie.

Distractions: Filing lawsuits in dozens of jurisdictions to draw attention away from the pollution in Ecuador and drain the Ecuadorians of any money for lawyers so they are not able to enforce the judgment that three layers of appellate courts in Ecuador have upheld.

Despite the delays, deceit and distractions, the Ecuadorians are still fighting Chevron and could end up collecting the full amount of their judgment in Canada, where the country’s Supreme Court backed them in a unanimous procedural decision in 2015.

Time will tell. Chevron as well as Exxon should look around and see how the world is changing. Time is running out for both climate change deniers and corporate polluters.

Monday, September 19, 2016

Calling Chevron's Bluff

The courthouse in Canada

Reposted from Eye on the Amazon.

One of the worst oil-related disasters in history occurred when Texaco, later purchased by oil giant Chevron, deliberately dumped 18 billion gallons of toxic waste into the Ecuadorian Amazon over the course of decades. The resulting health crisis in the rainforest home of 30,000 Amazonian inhabitants continues to this day. A $40 million deal with the government of Ecuador in 1995 resulted in a sham remediation, after which Texaco publicly washed its hands of the affair.

Not satisfied with such an egregious lack of justice, the affected communities have continued to demand accountability, taking their case all the way to the Ecuadorian Supreme Court, and winning: in 2011 an Ecuadorian judge found Chevron liable for $9.5 billion in damages, a ruling upheld by the Supreme Court. Instead of doing the right thing, however, Chevron took its assets and fled from Ecuador, and continues to use its corporate might to avoid accountability. Nonetheless, the communities and their allies around the world haven't given up the quest for justice.

The quest continues


Amazon Watch spent four days last week in a courthouse in Toronto to witness the latest, and hopefully last, chapter in this epic quest for justice.

When Chevron fled Ecuador after the $9.5 billion judgement against it, the affected communities turned to the courts in Brazil, Argentina and Canada to hold the company accountable, seeking summary judgments allowing the seizure of the assets of Chevron subsidiaries in order to pay for the Ecuador judgement.

Backed by a unanimous 2015 decision from Canada's Supreme Court giving a green light for the Ecuadorians to sue Chevron in Canada, last week's trial is an important step in the quest for justice. The principal issue before the court was whether to grant the Ecuadorian's request for access to Chevron Canada's assets to cover the $9.5 billion judgement, versus Chevron's defense motion to summarily dismiss the entire claim. The Ecuadorians base their plea on the massive evidence of contamination in Ecuador and a $9.5 billion verdict issued in Ecuador and upheld by its highest court. Chevron claims the verdict itself is fraudulent, basing this claim on the fact that it managed to win a retaliatory RICO (racketeering) lawsuit in the US by alleging bribery, corruption, and a "ghostwritten" judgment by the Ecuadorian court.

Also at issue is what lawyers call "piercing the corporate veil" of hidden parent-subsidiary relationships in order to hold Chevron Canada – a wholly owned subsidiary of Chevron Corp. – liable for the actions and its parent company. The Ecuadorians assert that their action doesn't really hold Chevron Canada responsible, it simply seeks to hold Chevron accountable by seizing assets it controls in Canada through what is actually nothing more than a holding company. This is an important issue for corporate accountability advocates everywhere, because corporations around the world attempt to hide behind the corporate veil.

Therefore, Ontario Superior Court Judge Glenn Hainey will have to decide whether to grant a summary judgement in favor of either the Ecuadorians or Chevron, or to send the case to trial to examine in depth the claims made by both sides.

This last option was welcomed by the lawyer for the Ecuadorians, Alan Lenczner, who encouraged Judge Hainey to give him the opportunity to demonstrate the falsehood of Chevron's claims of bribery and a ghostwritten judgement in Ecuador, and the resulting invalidity of the US RICO decision.

Lenczner's offer provoked quite a reaction from Chevron's legal team in the courtroom (over a dozen US and Canadian lawyers), but he persisted. "That's the issue and what should be tried here. If they're right and have confidence in that, then they can show you and... well then, we lose," Lenczner continued emphatically. "We should have a trial on the ghostwriting! Here's how a trial would go. I will stand up and file a judgment which will be valid until you [the judge] set it aside. Chevron will then bring on their defense and call Guerra [Chevron's “witness” to the alleged bribery]... They won't call Guerra, they're afraid to," concluded Lenczner. By doing so he called their bluff; Chevron's RICO verdict is predicated on the testimony of a corrupt witness, who has since admitted he lied in exchange for over $2 million from Chevron.

To explain the details of this sordid tale and just how Chevron has apparently backed itself into a seemingly impossible corner, we must return to the beginning of the story and detail more about Chevron's efforts to escape justice at all costs.

The history


While Texaco long since admitted to dumping the toxic waste as a cost-saving measure, and is therefore responsible (as the sole operator) for the contamination, Chevron, since its purchase of Texaco, has itself dumped billions of dollars into fighting to avoid a full cleanup, even while knowing full well it could never win the case based on the merits.

The number of legal hoops that Chevron has jumped through to avoid accountability are impressive. When the communities brought their first claim against Texaco, in New York, Texaco spent a decade arguing that Ecuador was the proper venue for the case. It eventually won that argument, but then on the first day of the trial in Ecuador objected to the entire case and claimed it shouldn't be there either. It proceeded to drag out this second trial another eight years and used every dirty trick in the book to throw wrenches in the wheel of justice.

As the case was finally coming to an end in Ecuador, leaked internal memos revealed Chevron's plan to vilify the Ecuadorians, their lawyers and the entire Ecuadorian judicial system, as an attempt to invalidate in the court of public opinion any judgement that would be issued against it. Sparing no expense, the company waged a scorched earth legal strategy and hit pay-dirt when US Federal Judge Lewis Kaplan suggested Chevron file a RICO (racketeering) suit in the US; Kaplan made his suggestion based primarily off doctored outtake clips from the documentary Crude.

Kaplan's court was exactly what Chevron desperately needed – a friendly judge thousands of miles away from the actual events in the Amazon who didn't read Spanish and expressed public disdain for the Ecuadorians before his trial even began. Most importantly for Chevron, Kaplan would not even allow the word "contamination" in his courtroom, let alone evidence of the actual crime of Chevron's toxic waste. Further, Kaplan's willingness to grant any request of Chevron's lawyers at Gibson Dunn & Crutcher meant the widespread issuing of subpoenas of a long list of "non party co-conspirators" – a tactic to intimidate and harass anyone critical of Chevron in support of the Ecuadorians (including Amazon Watch).

The underlying claims made by Chevron are that the Ecuadorian verdict was obtained by fraud committed by the Ecuadorian and US legal team led by Steven Donziger. Chevron claims that Ecuadorian Judge Alberto Guerra was offered a $500,000 bribe by the Ecuadorian's lawyers to ghostwrite the $9.5 billion judgment and give it to the presiding judge Nicolas Zambrano. The truth is none of that actually happened.

In a mockery of justice, Judge Lewis Kaplan accepted the testimony of Guerra, even though it came to light during the trial that Guerra received millions of dollars from Chevron to testify and had been coached for 57 days before the trial. Guerra himself had already lost his position as a judge because he had admitted to taking at least 20 bribes in other cases, some for as low as $200. Kaplan even acknowledged that Guerra was not a very credible witness, but decided to believe him in this instance. This despite the fact that Guerra was unable to produce the evidence he claimed he had of the verdict he supposedly wrote for Zambrano, and that the details his story changed several times during his testimony.

Few people know that the way Chevron found out that Guerra was corrupt in the first place was because, as he admitted during the RICO trial, he approached Chevron looking for a bribe. Chevron claims it turned him down, but curiously it didn't report the incident to anyone. Ultimately, Guerra should never have been permitted to take the stand, but Kaplan allowed it. After a trial called a "Dickensian farce" by noted California Attorney John Keker, Kaplan issued a 500-page verdict and blasted the Ecuadorians and their lawyers. He never claimed that Chevron was innocent of the environmental crimes in the Amazon, but he declared that the Ecuadorian judgment was unenforceable in the U.S. The Second Circuit Appeals Court inexplicably held up Kaplan's verdict a few months ago. And while the Ecuadorians' appeal to the Second Circuit was based on Chevron's misuse of the RICO statute and their lawyer Donziger vehemently contested the "facts" of Kaplan's ruling, Chevron's PR spin machine often succeeds in getting the mainstream media to not report on the facts of the case but only on the allegations of fraud. Nor has the media reported widely that Kaplan's RICO verdict offers no legal remedy for Chevron since no one has sought to enforce the case in the U.S.

Nonetheless, things were looking bright for Chevron, even knowing that the Ecuadorian's lawyers will likely appeal Second Circuit decision. But soon, Chevron's strategy of legal shell games and forum shopping began to backfire. At the same time as the RICO case, Chevron filed a case against the government of Ecuador at the Hague under a bilateral trade agreement. A panel of three judges were tasked with determining if Ecuador had offered Chevron adequate legal protection. A ruling in Chevron's favor could essentially end up forcing the government of Ecuador, and thus its taxpayers, to foot the bill for the cleanup. While this tribunal process offered no role for the actual affected people of Ecuador, but it did offer another opportunity for more evidence from Ecuador to see the light of day.

After Kaplan had already issued his verdict, Chevron's "star witness" Guerra took the stand before the tribunal... and proceeded to recant his RICO testimony about the bribe he allegedly received from the Ecuadorians! Furthermore, he admitted he came to no arrangement with Zambrano and he had no evidence of a ghostwritten judgement. Guerra also admitted that he told Chevron what they wanted to hear to get a bigger payout as reported by Vice News:

In testimony before the tribunal, Guerra admitted that at this point he tried to get more money from Chevron. "At some point, I said, well, why don't you add some zeroes to that amount, and then later on I said, 'I think it could be 50,000.'"

In an even bigger blow to Chevron, the government of Ecuador produced an expert forensic report of the computer of Judge Zambrano proving the judgment was written over the course of four months and no external devices, nor pasted-in excerpts from Guerra were inserted into the judgment.

The US Second Circuit Court of Appeals did not consider Guerra's new testimony nor the forensic report, but the court in Toronto might. And THAT brings us to this past week in Canada. Chevron cannot afford to have Alberto Guerra get back on the stand. Their lawyers are desperate to avoid that – so much so that they made an outrageous and false claim in the last few moments of the hearing stating that they "held transcripts of both Guerra's RICO and Tribunal testimonies side-by-side and there was no daylight between them." That appears to be a pretty desperate lie when Guerra stated in the Tribunal when referring to the RICO testimony, "yes sir, I lied there." You could see a solar flare through that gaping hole.

So now we wait, hopefully not too long, for Judge Hainey to decide. In the meantime, some Canadian journalists have already started to ask: "where is Alberto Guerra? Does anyone know?" Presumably he's still living somewhere in the US in the house Chevron bought for him and driving the car they gave him to the mall each week to spend some of the monthly stipend he still receives from his friends in San Ramon. We can't wait to see if he surfaces.

We certainly hope someone does track Guerra down, because the Ecuadorian communities living in the midst of Chevron's deadly oil waste shouldn't have to wait a day longer. As their lawyer Lenczner said in closing, "this case calls for assistance not barriers. These people have been waiting more than 20 years."

Thursday, September 15, 2016

No Money, Power or Influence, But the Ecuadorians Are Still Here, Fighting Chevron



A portrait of this Ecuadorian couple’s family members who died from cancer in a community contaminated by Chevron

Reposted from Medium.

I am sitting now in Ontario Superior Court wondering how the hell I got here but also marveling at the fact.

Over 23 years ago, 48 Ecuadorians sued Chevron for massive oil contamination in the Amazon rainforest.

Nobody thought they would win. They may never see a dime from Chevron.

But, like Celie (Whoopi Goldberg) said in The Color Purple, "I'm poor, black; I may even be ugly, but dear God! I'm here!"

The Ecuadorians have no money; no power; no influence. But, they are still here, demanding justice.



This Ecuadorian woman died from cancer not long after this photo was taken

The Ecuadorians are asking a Canadian court to enforce a $9.5 billion Ecuador judgment against Chevron for massive contamination since the oil giant sold all its assets there. I'm here to answer reporters' questions about the enforcement hearing.

For three decades, Chevron's predecessor Texaco treated the Ecuadorians' homeland, the Amazon rainforest, like a trash dump, intentionally pumping 16 billion gallons of toxic water into streams used for drinking and storing left over crude in over 900 huge unlined oil pits that leached into soil and water.

In 1993, the Ecuadorians sued Texaco in U.S. court. At Texaco's request, the court moved the case to Ecuador, and both Texaco and Chevron promised to abide by the Ecuador court's rulings. By 2013, three levels of Ecuador's judiciary had ruled against Chevron, affirming the $9.5 billion in damages.

Meanwhile, Chevron refuses to pay, saying it will fight "until hell freezes over, and then we will fight it out on the ice."

Given that indigenous peoples and the poor everywhere rarely have any pull with their governments and not enough money to pay for lawyers and lobbyists, they generally have been left to fend for themselves when the news media grows tired of their causes.

The Ecuadorians, however, have refused to go away.

They are still here, fighting for the justice that they deserve, beyond a shadow of a doubt.

Tuesday, September 13, 2016

Chevron's Elephant in the Room

Oil Giant's 53-Day Fraud, Denying Ecuadorians Justice in Ecuador Contamination Case


Reposted from Medium.

Today an elephant is lurking in a Canadian court where a group of Ecuadorian indigenous are seeking to enforce a $9.5 billion Ecuador judgment against Chevron for one of the largest environmental disasters in history. (See recent Medium piece.)

The elephant is Alberto Guerra, the witness Chevron "prepped" for 53 days to testify against the Ecuadorians and their lawyers on fraud and bribery charges brought by the oil company in a U.S. court to taint the Ecuador judgment. (See page 61 and page 815.)

Problem is Guerra, an Ecuadorian, recently admitted he lied about the fraud, after being paid at least $2 million for his testimony. (See page 853.)

(By the way, 53 days is a lot of days. Not normal. $2 million isn't normal either, and Chevron refuses to say if Guerra continues to be paid under a contract he negotiated {pages 853–857}, after being relocated by the oil giant with his family to the U.S.)

Meanwhile, Guerra has backed Chevron up against the proverbial wall in a Toronto courtroom.

Yesterday Chevron argued dryly for several hours that "corporate separateness" between Chevron Corporation and Chevron Canada blocks the Ecuadorians from seizing Chevron's assets and, as such, their enforcement case should be dismissed.

The Ecuadorians' lawyer, Alan Lenczner, disagreed. "The two are bound hand and foot" as Chevron Canada must seek approval from Chevron Corporation to drill on land and make expensive purchases, for example. Lenczner plans to detail today how Chevron Canada received $10.5 billion from its parent, Chevron Corporation.

(Chevron sold all its assets in Ecuador, forcing the Ecuadorians to obtain their damage award through enforcement proceedings in countries that do have Chevron assets, like Canada.)

But, if Chevron's legal farce of bifurcation fails to win the day and the Canadian judge grants the Ecuadorians a trial to enforce, Chevron will have to explain why Guerra recanted his incriminating testimony only 13 months after U.S. Judge Lewis Kaplan bought Guerra's story hook, line and sinker.

After obtaining a transcript of a related but secret arbitration proceeding between Chevron and the Government of Ecuador, the online news site VICE reported:

"Guerra has now admitted that there is no evidence to corroborate allegations of a bribe or a ghostwritten judgment, and that large parts of his sworn testimony, used by Kaplan in the RICO case to block enforcement of the ruling against Chevron, were exaggerated and, in other cases, simply not true."

Also see coverage by Courthouse News.

Here's a quick run-down on Guerra, a former Ecuador judge who admitted to taking bribes in 40 other, unrelated cases and got kicked off the court in 2009: (See page 2 of this legal brief.)

First, by the end of the 53-day, Chevron inquisition, Guerra had changed his testimony three times, and the changes were not minor. (See pages 55–57.)

Story #1: Guerra alleged the Ecuadorians' attorneys "ghostwrote" the judgment and hired Guerra to edit it, which he said he did on his home computer. But when Chevron couldn't find the judgment on his computer, Guerra recanted.

Story #2: Actually, Guerra said, the verdict was on a flash drive that the judge gave him at the Quito airport. But when Chevron couldn't find the judgment on any flash drives, Guerra changed his story yet again.

Story #3: Actually, Guerra said, he traveled to the jungle on a bus and edited the judgment there on a laptop owned by one of the Ecuadorian attorneys.

Second, after clinching Chevron's win over the Ecuadorians in U.S. court, Guerra told yet a different story only a year or so later to arbitration lawyers for the Government of Ecuador. From the transcript that VICE obtained:

"Can you recall how you tried to increase your negotiating position with the Chevron representatives?" a government lawyer asked Guerra.
"I must recognize that I did exaggerate about [some things], yes," said Guerra.
"When we are looking for a job, you say, how much experience do you have, and in fact you really don't have any experience, and you say, well, I have ten years of experience really. It's a situation just like that."
The lawyer asked: "And among the ways you tried to leverage your position was to falsely tell the Chevron representatives that the Plaintiffs had offered you $300,000; isn't that right?"
"Yes, sir. I lied there," Guerra responded. "I recognize it."

With seemingly no shame whatsoever, Guerra described one of his first meetings with Chevron lawyers.

"One of them took me by the arm and said, 'Look, look, look what's down there. We have $20,000 there.' Specifically, one of them was the one that led me to take a look at it. It was inside a safe."
"At some point, I said, well, why don't you add some zeroes to that amount, and then later on I said, 'I think it could be 50,000.'"

Right then, Chevron should have adhered to Abraham Lincoln's sound advice about elephants.

"When you have got an elephant by the hind legs and he is trying to run away, it's best to let him run."

Instead, Chevron's lawyers may soon have to corral their elephant back into court and explain why Guerra can't seem to get his stories straight – even after 53 days of prepping.

For more details on Guerra and his sordid tales, see here.

Monday, September 12, 2016

The Beginning of the End: Day One of Chevron's Legal Farce Comes to Canada

Reposted from The Chevron Pit.

The best part of Day One of Chevron's enforcement trial is that it has started. For the oil giant and its odyssey in Ecuador, this could be the beginning of the end.

The first day of the long-awaited trial to enforce the $9.5 billion environmental judgment against Chevron began with the company flooding the courtroom with 20 lawyers to argue a simple motion over a legal technicality. Twenty more lawyers from the company were in the gallery. With Chevron, that's just how it rolls. The company can't file a simple motion without a football team of clerks taking it to the courthouse, all billing their hourly rate.

For more than two decades, Chevron has spent at least $2 billion and used 60 law firms to try to obstruct efforts by the villagers to hold the company accountable for billions of gallons of toxic dumping in Ecuador's rainforest when it operated there from 1964 to 1992. (For background on the overwhelming evidence against Chevron, see here.)

This includes sending the case from U.S. federal court to Ecuador for trial back in 2001; selling off its assets in Ecuador as evidence mounted against it; bringing the case back to the U.S. when it lost the trial it wanted in Ecuador; getting a U.S. trial judge to buy its fabricated evidence of "fraud" from a lying witness to whom the company paid $2 million; filing two international arbitration actions against Ecuador's government to obtain a taxpayer-funded bailout of its liability; and going to more than 25 U.S. courts to sue more than 100 lawyers, activists, bloggers and supporters of the villagers as part of an intimidation campaign.

Thus far, little of this unprecedented and unethical defense strategy has worked. In Canada, Chevron is clearly coming to the end of the trail.

The small army of Chevron lawyers who entered the Superior Court of Ontario on Monday is trying to use its muscle to again deny due process of law to Ecuadorian villagers who have suffered from high cancer rates and other health impacts related to Chevron's deliberate dumping of billions of gallons of toxic waste into the rainforest. They have come to Canada to collect on their judgment because Chevron refuses to pay up, despite having made promises to do so as a condition of sending the case to Ecuador from U.S. federal court in 2001.

Chevron's goal is to prevent the villagers from collecting the first dollar of their judgment on the theory that all Chevron's assets in Canada are held by a wholly-owned subsidiary, and not by Chevron. There is virtually no chance the argument will work for the simple reason that Canadian law (and the law in almost every other country) makes it clear that any party can collect any assets of a scofflaw debtor to force payment, be it a subsidiary or money in a bank account.

In its corporate shell game game that started more than two decades ago, Chevron was as slippery as ever on Monday. Any objective observer could see it wasn't working; Justice Glen Hainey – a highly respected jurist – looked bored while Chevron's lawyers droned on for almost three hours as they explained the 1,000 or so reasons why they believed Chevron Canada was not really the same as Chevron Corporation.

People are dying in Ecuador because of Chevron's dumping and technicalities is all its lawyers could talk about.

Chevron lawyer Benjamin Zarnett tried to claim that even though Chevron owns its subsidiary in Canada, the Ecuadorians could not seize it because it is not an actual "asset" as required by law but is instead only an "operating body" – whatever that means, as there is no such distinction in the law that we can ascertain. Put simply, while Chevron reaps 100% of the profits of Chevron Canada, it feels it should not pay for any of its liabilities.

Alan Lenczner, the litigator extraordinaire who represents the Ecuadorian villagers in Canada, summarized Canadian law in a way that explains why Chevron is in trouble: "According to Canada's Supreme Court, a debt is enforceable against any and all assets of a given debtor." Pretty simple, and true the world over.

The larger issue for Chevron is that it is being engulfed by risk in Canada; its team of ethically-challenged lawyers at Gibson Dunn & Crutcher in the New York – the same crowd that fabricated the "fraud" evidence by coaching witness Alberto Guerra for 53 consecutive days to lie on the stand – are at risk of being ordered to disgorge their documents to the Canadian court as part of the enforcement trial. That would be poetic justice to say the least.

Chevron's use of 2,000 legal personnel to implement a scorched earth strategy to kill off the case clearly has failed. Otherwise, the trial to seize the company's substantial assets in Canada would not be taking place. And unlike in the U.S., Canadian judges cannot be so easily influenced by corporate power and political connections; they will actually rule on the merits, which is something that Chevron deeply fears.

In fact, the villagers are within a short distance of a total victory where they can collect 100% of the judgment, plus statutory interest – a result few saw coming, and one that has never happened before on anything close to this scale when indigenous groups are the plaintiffs and a major oil company the defendant.  Last year, Canada's Supreme Court delivered a unanimous opinion granting the villagers the right to proceed with their action; numerous Canadian civil society organizations have weighed in on their behalf.

Later this week, Justice Hainey will hear argument on whether Chevron's defenses to enforcement – largely centered on its discredited and wholly fabricated "fraud" narrative that has unraveled – will be allowed in as evidence. The villagers believe Chevron should not be given yet another bite at the apple after its arguments already were fully litigated and rejected by three layers of courts in Ecuador.

If Chevron loses the motion, or even part of it, look for the company to approach the villagers for a way out of its growing risk and ongoing reputational harm for being convicted as a human rights violator. Trust us: the pain Chevron will feel to settle the case will hurt a lot less than the pain of its assets being publicly seized in humiliating fashion.

This is what happens when an oil company has to face justice before the transparent, neutral courts of Canada. We look forward to the rest of the motions hearing – expected to last until the end of the week – and the enforcement trial, which is expected to begin in 2017.

Stay tuned as the resolution to the world's most important corporate accountability case gets closer.