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Lenczner Slaght — is it often pronounced “slut”?

By Sean | October 30, 2012

Anyone who has followed the well known fraud committed by Ecuadorian officials against Chevron have seen the videos of Steven Donziger caught on camera openly plotting judicial malfeasance; including threatening judges, staging fake protests to strike fear into the judges, creating fake studies, and openly laughing at the corruption they plotted — has found a bedfellow in Canada to promote his brand of money getting.

Despite the overwhelming evidence that the 18 billion dollar judgment against Chevron is fraudulent and despite the preliminary rulings of American judges a Canadian Legal firm known as “Lenczner Slaght” has apparently joined forces with Donziger and his group — importing the fraud onto Canadian soil.

Having approached many suitors in Canada — I’m happy to report that all other firms that Donziger approached refused to take the case and join as conspirators of Donzigers money-getting party. Yes I said “party”. If you read through the story in the Amazon Post http://www.theamazonpost.com/ you’ll find that it was a political decision disguised as a judicial one.

The overwhelming scientific evidence in the Ecuador court record demonstrates that the claims of contaminated drinking water and elevated cancer rates are false, and that the plaintiffs’ U.S. and Ecuadorian lawyers know they are false. Indeed, it is precisely because the sampling evidence was disproving their claims that the plaintiffs’ lawyers turned to fraud, pressuring scientific experts to “find contamination” where none existed, submitting fraudulent expert reports to the Ecuadorian court, ghostwriting the Ecuadorian court expert’s supposedly “neutral” and “independent” report, and then ghostwriting the ultimate judgment itself.

Ok back to what I meant by “party”. Donziger in his own words views this as political and not legal in nature. He is clearly more concerned with (corrupt) politics as his means to win fraudulent cases for his clients.

Donziger is, from a North American perspective, perhaps ahead of his time. Maybe this is the way that our North American judiciary is actually headed. Perhaps fraudulent judgments won by threatening judges has emerged into the mainstream and we’re just way behind the times thinking that justice should evolve into a higher discipline, be independent, and improve in its integrity as we evolve as potentially enlightened beings.

If this case gains any ground in Canada our judicial system will have degenerated to the standard of ethics held by Ecuadorian courts — or should I say “politicians” who wear judges robes?

Having ties to Canada myself through close relatives I cannot help but be saddened by Canadian Law firms selling out to further the kind of legal hatchet work of Donziger and his ilk. Instead of Americans and Canadians exporting a higher standard of excellence to developing and emerging nations — Donziger has instead managed to import the corrupt political culture of Ecuador into Canada.

A Canadian Law firm who may be hurting financially (why else would they take a case so tainted that, for ethical reasons, nobody else in Canada would touch?) could conceivably be signing their own liquidation papers if they are successful with this suit — because the blow to Canada’s economy could actually impact some of their biggest clients in a financially painful way.

At least that is what happened when Lenczner Slaght jumped on board Donziger’s hellbound train and began to spout in Canadian Media the same debunked lies and deception of the Ecuadorian judges, politicians, and prosecutors. If you are a Canadian business that has ties to petroleum, or anything related to Canada’s petroleum industry I’d urge you to consider becoming familiar with the lawsuit, it’s merits, it’s players, and their ethics.

Alan Lenczner reported to the Toronto Star that he is not retrying the case but just trying to enforce a judgment obtained in Ecuador. But then he goes on to spout the lies that the bogus judgment is based on. Defending the case in the media. Clearly Lenczner has joined the Ecuadorian political approach to trying cases.

If you are a business in Ontario I’d ask you to consider whether you should employ this firm. Please keep in mind the following thoughts when you do:

1. Why did they take the case when all other firms approached refused?
2. Why are they spewing the stories that (Donziger has clearly admitted to on video are untrue) in the Canadian press as if they were true?
3. Why did none of the many law firms that Donziger approached agree to support the case?
4. What will enforcement of this judgment by Canadian courts do to our petroleum industry? (we lose 18 billion in assets to Ecuador) But that’s the tip of the iceberg. Think further — 18 billion of assets represents a LOT of Canadian jobs.
5. What sort of precedent will this set in the Canadian Judiciary if they permit enforcement of this bogus judgment? What kind of threats and manipulation can we expect from Donziger in Canada now that he has a Canadian mutt (or group of legal mutts) to do promote his dirty work?

Perhaps this is a blessing in disguise. Since Donziger has brought this to the Canadian judicial system it will also bring many of Donziger’s actions as well as the decisions and behavior of Ecuadorian officials under the jurisdiction of the Canadian legal system. If sufficient evidence of fraud is proven during the Canadian legal proceedings will it permit other cases, such as criminal prosecution, to bear upon the players who orchestrated the fraud in the first place?

Sadly there is little public sympathy (at least on the face of these kind of things) for big oil companies even when unjustly treated. I’m reminded of a corrupt judge in Calgary who was often heard and also quoted as saying “If they are in my courtroom they’ve done “something” wrong”.

It is well known in Calgary’s legal community that this judge was never given cases that were important since he had a greater than 99 percent decision rate in favor of the plaintiff. IMO there should have been a law passed that if you got that judge you were entitled to have him also judge your countersuit by the same standard.

Unfortunately when the media reports stuff, especially about big oil, the public in general tends to act like that judge. But in this case I think the public interest (at least among anyone who passed grade school) could develop more favorably if they were to become familiar with the case. I read the uninformed comments after the article in the Toronto Star and it’s clear that people hate big oil and won’t listen to the facts of the case. Sad but in that way Canadians and Americans are very much the same. Quick to jump to conclusions based on the popular consensus without considering the facts.

We need to understand that this case is not an indictment against big oil. It is a stab at dethroning our judicial system or at least reducing it to a group of corrupt political clowns, pretending to be judges, who have lost all sense of what is just. Yes Canada has very judgment friendly laws but they were never enacted with the intent to promote the fraudulent decisions of corrupt judges.

So far the American judicial opinion is clear. The WSJ quotes two US judges who have seen the evidence and commented from a legally responsible position.

Personally I have watched many supreme court cases heard in the Canadian courts and have always been impressed with the intelligence and quality of their interrogatories. Having recently studied several aspects of the “reciprocal enforcement of judgments” act and spoken to a number of lawyers about it I am aware that there is enough teeth in the law that prevents Canadian courts from upholding a bogus decision in another country.

Therefore I have confidence that should Chevron also launch a countersuit here in Canada that they may stand a reasonable chance of prevailing. Also, unlike Donziger, I doubt there would be any difficulty in hiring the best legal wranglers available in Canada. It is highly unlikely that any legal firm capable of handling this case would refuse except on the basis of conflict of interest.

The double edged sword in Canada is that being judicially more conservative Canadian courts do not entertain punitive damages very often. When punitive damages ARE awarded, to the best of my knowledge, the amounts awarded are seldom beyond the equivalent of a slap on the wrist. While that at least mitigates the greed of money hungry attorneys looking for the “big kill” it also means that the only punishment for the loser is paying costs and those are seldom awarded on a full indemnity basis.

However this judgement was so clearly achieved through gross fraud that I’m betting on Canadian judges to jerk the slack out of this bogus judgment and refuse to enforce it because of the means by which it was obtained. I know that part of the legal problem in Canada is the absence of legal code that makes provision for the possibility of judicial decisions achieved through corruption.

Hopefully at the very least, if this judgment is upheld, Canada will revise it’s legal code to protect from future judgments. Incidentally this practice engaged in my Donziger and Lenczner is known as Legal Tourism. It is the practice of obtaining fraudulent judgments in corruption-friendly countries and then executing them in Countries that favor foreign judgments regardless of the means by which they were obtained.

Incidentally Donziger in one of the videos he was caught on was very favorable to the idea of the judge they intended to corrupt — being made to believe that he (the judge) would be murdered if he made a judicial decision in favor of the defendant (Chevron).

I don’t know if Canada has a body of law similar to RICO in the US but if it does then racketeering has entered Canadian jurisdiction. I sincerely hope charges are laid against anyone, including law firms, who promote the fraudulent (according to US judges and the Hague tribunal) activities of Donziger and Ecuadorian politicians (some are called judges but they are really just corrupt politicians wearing robes).

Lenczner and Donziger both know the judgments were obtained by fraud. The evidence of it is overwhelming (Words are two NY judges — not mine).

Now that the promotion of this ruse has entered Canada I’m hoping that accountability for these actions comes into play. Hopefully it will even result in criminal prosecution of anyone who has endeavored to execute a judgment in Canada that was obtained by fraud. Hopefully the RCMP, and the prosecutors they submit their findings to, will consider protecting Canada’s legal system from being exploited by a gang of racketeers to whom money is more desirable than ethics.

Unfortunately I don’t have the benefit of any legal training. As a result I often make the media inspired mistake of thinking that more can be accomplished legally than is realistic. I imagine it’s due to too many sensationalized movies and dufus shows like Boston Legal.

The really scary part is that if the judgment succeeds — the Tar Sands will be handed over to Ecuadorians and we’ll have Lenczner Slaght to thank for it. Ironic that the environmentally conscious people who resorted to Chevron hating may have a far more corrupt group running the Tar Sands than they ever imagined.

Topics: Complaints, Daily Observations and Insights, Income | No Comments »

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