U.S. courts are showing increasing hostility toward Chevron and its CEO John Watson over the company’s $18 billion Ecuador liability as the oil giant’s plan to quash the landmark case continues to falter in the hands of American law firm Gibson Dunn & Crutcher, said representatives of the Amazon indigenous groups who offered an analysis of the 18-year case to its shareholders and industry analysts.

Leaders of the indigenous groups in Ecuador – who last year won the largest environmental court case in history — are presenting their analysis because Watson misled company shareholders about the case in an earnings call last Friday.  Watson failed to disclose his own conflict of interest in that he was a key Chevron executive who drove the purchase of Texaco in 2001 without properly vetting the company for its massive Ecuador liability, said Karen Hinton, the U.S. spokesperson for the Ecuadorians.

In the earnings call, Watson charged that the Ecuador case is part of an elaborate “fraud” to extort money from Chevron — a false statement that directly contradicts court findings based on scientific evidence, including evidence provided by Chevron itself, said Hinton.

“Watson uses rhetoric as a device to hide his failed leadership on the Ecuador case,” said Hinton.  “His comments about the Ecuador liability on the earnings call were misleading and should be treated with extreme skepticism by shareholders.”

For a more accurate analysis of the risks facing the Ecuador case than that Chevron is making in its quarterly calls or in its disclosures to the SEC, Hinton said shareholders should reference a report on the Ecuador case by Simon Billeness and Sanford Lewis that was published in May of last year prior to the company’s annual meeting. Both point out risks that Chevron has not completely disclosed, including the likelihood of standard collection actions against Chevron assets in various countries that are critical to the company’s operations.

Watson’s comments on the earnings call omitted key information that has emerged recently, as follows:

After eight-year trial, the Ecuador court in February 2011 found the company liable and imposed damages of $18 billion. The court found Chevron itself proved the company discharged billions of gallons of toxic waste into the environment, decimating indigenous groups and poisoning rivers and streams that local inhabitants rely on for drinking water.

On January 3, an Ecuador appellate court affirmed the trial court judgment and blasted Chevron for its “abuse of the judicial process” in Ecuador by filing frivolous motions and threatening a judge with jail time.  The court also upheld a punitive damages sanction against the company.

The U.S. Court of Appeals in New York last week rejected a Chevron attempt to seek a worldwide injunction blocking the Ecuadorians from enforcing their judgment, essentially nullifying the centerpiece of the U.S. component of the oil giant’s legal strategy.

Chevron’s lead outside law firm, Gibson Dunn & Crutcher, has created even greater risk for Chevron shareholders by bungling key aspects of the litigation.

Since the firm took over the matter in 2009, Chevron lost the underlying case;  lost at the appellate level; lost a motion to attach  assets of the Ecuadorians in the U.S.; seen its plan to block enforcement overturned by the U.S. federal appellate court; and been exposed to potential criminal liability for trying to bribe Ecuador’s government.

Documents recently obtained via U.S. discovery actions shows that Chevron engaged in extensive acts of corruption and fraud in Ecuador.  Chevron doctored soil samples to mislead the Ecuador court and used a secret lab to hide evidence of toxic contamination; paid $2.2 million in hush money to a man who threatened to expose the company’s corruption in the Ecuador trial; tried to entrap an Ecuadorian judge with secret video recordings, and used U.S.-based experts to lie to the Ecuador court about the company’s deceptive field sampling.

U.S. and Ecuadorian courts have sanctioned Chevron for the use of unethical litigation practices done at the behest of Gibson Dunn and its lead partner, Randy Mastro.  Several U.S. and Ecuadorian judges sanctioned Chevron for harassing witnesses, filing a frivolous lawsuit, and abusing the judicial process.

Recognizing it could not win the lawsuit on the merits, Chevron recently tried to bribe Ecuador’s government with a “donation” to an environmental project in exchange for the “settlement” of the legal case without the involvement of the plaintiffs, according to sources within Ecuador’s government. Chevron never denied the reports of the attempted bribe, which might violate criminal laws in both Ecuador and the U.S.

Chevron also suffered a major setback in a U.S. federal appellate court in Philadelphia when Mastro was harshly criticized for seeking the case file of an American lawyer who represented the Ecuadorians.  The panel unanimously overturned a trial court order secured by Mastro.

Chevron faces potential criminal and civil liability for orchestrating a video scandal to entrap the Ecuador trial judge in a trumped-up bribery scandal.  Several lawyers working for Chevron, including Robert Middlestadt of Jones Day, have been deposed or face potential depositions in the matter.

One of Gibson Dunn’s investigators on the Ecuador matter, San Anson, was caught trying to pay an American journalist to spy on the plaintiffs.

The Gibson Dunn strategy also includes fomenting open conflict between Chevron and Ecuador’s government, a tact considered grossly impolitic for an oil major.  Chevron is already facing likely criminal charges in Brazil – a country with enormous reserves coveted by the company — for lying about its recent spill off the coast of Rio province.

Mastro, the mastermind of Chevron’s increasingly shaky legal strategy, was laughed at as he was unable to answer basic questions posed by the New York appellate panel that issued its order last week.  One judge even asked whether Chevron’s legal expenditures on the case was a good use of shareholder money.

Hinton said shareholders needed full information to be able to understand the risks facing the company.

“With these numerous setbacks over the last several months, it is even more apparent that John Watson and Gibson Dunn have brought Chevron’s shareholders to the edge of the proverbial cliff,” said Hinton.

“No matter what Watson does, Chevron simply cannot change the fact its horrific contamination in Ecuador is visible to the naked eye and has been confirmed by journalists and courts the world over,” she added.  “The evidence is so overwhelming that no amount of trickery can save the day for Chevron at this point.

“It is also becoming increasingly obvious that Gibson Dunn has sold Chevron’s management a bill of goods for which it has charged hundreds of millions of dollars over the last two years,” added Hinton.  “If this management team doesn’t monitor the situation more carefully, some additional and very unpleasant consequences for the company’s shareholders could be in store.”

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While indigenous groups in Ecuador’s Amazon face possible death and grave illness from Chevron’s “Rainforest Chernobyl” disaster, several prominent U.S. law firms and their well-known partners are billing the oil giant hundreds of millions of dollars to forestall a clean-up that could save thousands of lives, according to court documents.

Chevron’s lead outside law firm in the U.S., Gibson Dunn & Crutcher, has 60 lawyers working extensively on the case, a recent court filing revealed. The filing also showed that Chevron has paid almost 500 attorneys and paralegals from 39 different law firms since the celebrated case was filed in U.S. federal court in 1993.

The litigation was shifted to Ecuador at Chevron’s request in 2002, with a subsequent eight-year trial resulting in an $18 billion judgment against the oil giant for causing what experts believe could be the world’s worst oil-related contamination.

The Ecuador litigation represents the first time that indigenous groups have successfully sued a large oil company for harm caused to their health and ancestral lands, said Karen Hinton, the U.S. spokesperson for the Ecuadorians.  Evidence from independent health evaluations concluded that more than 9,000 rainforest dwellers face the risk of contracting cancer absent a rapid cleanup of the damage.

In all, Gibson Dunn was billing Chevron an estimated $250 million per year in 2010 and 2011 as the company launched lawsuits against the plaintiffs in 16 different federal courts, helped to litigate an international arbitration action against Ecuador’s government, filed a fraud case against the Ecuadorians and their lawyers in U.S. federal court, and supervised Chevron’s battery of local lawyers in Ecuador as they faced multiple setbacks that culminated in the adverse judgment against Chevron, said Hinton.

“Chevron’s environmental destruction in Ecuador is the best thing that ever happened to the bottom line of Gibson Dunn,” said Hinton, who noted the firm reported a 20% increase in per-partner profits in 2010 during a downturn in the economy as dozens of its lawyers worked full-bore on the Ecuador matter.

“Clearly, Gibson Dunn and several other firms are profiting from rainforest destruction,” Hinton added. “These lawyers have proven that fighting to deny the human rights of indigenous groups can be a very profitable business model.”

Gibson Dunn clearly has sold Chevron on its willingness to engage in questionable tactics and push the ethical envelope, said Hinton.  The firm boasts that it engages in “recuse operations” for clients in trouble and that if the law is in the way it is willing to maneuver around it to achieve client objectives. Several judges have sanctioned Gibson Dunn lawyers for trying to intimidate witnesses and for filing frivolous lawsuits on behalf of Chevron, and one well-known partner has been accused of trying to mislead the Congress about the case.

A federal judge in Oregon fined Chevron after a team of Gibson Dunn lawyers had harassed the executive director of a respected environmental organization that had filed a brief in support of the Ecuadorians.

Gibson Dunn also uses cookie cutter lawsuits, Hinton said, where defenders of human rights victims and their supporters are always accused of “fraud” for trying to hold wrongdoers like Chevron accountable for their misconduct.

“The basic Gibson Dunn template is to attack victims to distract from the evidence,” said Hinton.  “When that doesn’t work, the firm resorts to outright intimidation to silence any lawyer or advocate who stands up to the firm.”

Gibson Dunn’s approach also has created numerous problems for Chevron in Ecuador, the fifth-largest oil producing nation in South America.  Chevron’s legal team in Ecuador is said to be furious with the Gibson Dunn lawyers for losing the case because of their arrogant treatment of Ecuadorian judges, said Hinton.

Chevron lawyers in Ecuador working closely on the case with Gibson Dunn’s “rescue” team have been sanctioned repeatedly for filing frivolous motions (once filing a motion eighteen times in 30 minutes), threatening the presiding judge with jail time if he didn’t rule in Chevron’s favor, and paying a Chevron contractor to secretly videotape a judge to try to entrap him in a trumped-up bribe scandal.

The Ecuador court imposed a large punitive damages award on Chevron in large part for its abuse of the judicial process in Ecuador, according to the judgment.

In the meantime, the case has become a financial bonanza for several other large law firms who represent Chevron. The list of 39 law firms disclosed by the company in a U.S. court action also includes the prominent criminal defense firm of Arguedas, Cassman & Headley; Jones Day; King & Spalding; Akin, Gump, Strauss; Hauer & Feld; Holland & Knight; Jones Day; Steptoe & Johnson; and Williams & Connolly.

The all-star cast of attorneys who have worked on some aspect of the case for Chevron include Theodore Olson of Gibson Dunn, a former Solicitor General of the United States; Brendan Sullivan of Williams & Connolly, who reportedly represented a Chevron executive who faced potential criminal liability in Ecuador; Greg Craig of Skadden Arps, President Clinton’s impeachment lawyer who Chevron reportedly hired to explore settlement;

Mickey Kantor of Mayer Brown, the former U.S. Trade Representative under Clinton who spearheaded a Chevron effort to cut trade preferences for Ecuador; David Boies , whose firm helps the oil giant fight discovery actions in the U.S. designed to expose its corruption in Ecuador; and Alan Vinegrad , a former U.S. Attorney who represented a Chevron lawyer indicted on criminal charges of fraud for lying to Ecuador’s government about the results of a sham remediation.

Chevron also has used six public relations firms to push talking points denying the company caused any environmental damage in Ecuador, even though the judgment is undergirded by extensive scientific evidence and the allegations have been confirmed by numerous independent news accounts.

After an eight-year trial, the Ecuador trial court in 2011 found the oil giant systematically discharged billions of gallons of toxic waste into the rainforest, decimating indigenous groups and causing an array of oil-related health problems. An Ecuador appellate court affirmed the judgment in early January, potentially opening up Chevron to standard collection actions against its assets in jurisdictions around the world unless its posts a bond in Ecuador.

Chevron stripped its assets from Ecuador and has vowed never to pay for a cleanup, even though reports indicate it contacted the plaintiffs recently in an attempt to explore settlement possibilities. Ultimately, one must wonder how much Chevron shareholders are getting in return for these expensive legal services, she said.

In the last three years, since Gibson Dunn’s “rescue” operation was launched, Chevron was hit with the $18 billion judgment, the largest ever for an environmental case; the judgment was confirmed by a three-judge panel; multiple courts sanctioned the company for its unethical litigation tactics; and a U.S. appellate court in New York prevented Chevron from seeking a worldwide injunction to block enforcement of the judgment.

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Chevron has lost yet another legal round over its increasingly furious effort to evade paying an $18 billion judgment in Ecuador for causing environmental damage in the Amazon rainforest, according to a decision released by a U.S. federal judge.

Just days after an appellate panel in Ecuador, U.S. federal judge, Lewis A. Kaplan, denied the company’s motion to attach the assets of the Ecuadorian plaintiffs.

The decision also comes just weeks after Chevron was exposed for trying to bribe Ecuador’s government to quash the case by making a “donation” to an environmental project, and reports surfaced that the company tried to corrupt the court process in Ecuador by using a secret lab.

Kaplan also denied a request by Chevron for a restraining order preventing the Ecuadorians and their lawyers from selling any portion of the claims, so they could finance the litigation. The Ecuadorians had argued that Chevron’s motion was nothing more than an attempt to dry up support for their 18-year case, thereby denying them legal counsel and the ability to enforce the Ecuador judgment.

“This decision is another rebuke for Chevron, and it comes on the heels of a devastating defeat in the appellate court of Ecuador,” said Karen Hinton, the U.S. spokesperson for the 30,000 Ecuadorians who have accused the oil giant of dumping billions of gallons of toxic waste into their ancestral lands.

Chevron had argued to Kaplan that the Ecuador judgment was based on “fraud” and, therefore, was not entitled to be enforced, even in countries outside the U.S.  Chevron stripped its assets from Ecuador and has said it will not comply with the judgment.

Lawyers for the rainforest communities had argued that Chevron’s motion had no legal basis and that the judgment in Ecuador is based on a wide body of scientific evidence. The company caused one of the worst environmental disasters in history, decimating five indigenous groups and causing an outbreak of cancer.

The communities also argued that Chevron had the ability to block any enforcement actions by the Ecuadorians by simply posting a bond while it appeals to Ecuador’s highest court. Chevron reported profits of roughly $30 billion in 2011 and total assets of more than $204 billion.

“The relief Chevron seeks is improper and unprecedented,” argued Craig Smyser, a U.S. lawyer for the Ecuadorians, in a letter to Judge Kaplan. Smyser noted that the remedy sought by Chevron had never been granted in U.S. history under similar facts.

“Chevron’s latest histrionics and hysteria justify neither a temporary restraining order, nor an order of attachment,” Smyser said in his letter, which was submitted before Kaplan issued his decision.

Chevron faces another problem — its lead outside law firm in the Ecuador matter, Gibson Dunn & Crutcher, has come under increasing attack for orchestrating a string of legal setbacks that imperil the interests of company shareholders, according to a recent blog in the Huffington Post.

The blog noted that since Gibson Dunn entered the matter two years ago, Chevron has been hit with an $18 billion judgment at the trial court in Ecuador, lost the appellate decision in Ecuador, and was reversed by a U.S. federal appeals court last September in its unprecedented effort to seek a worldwide injunction to block enforcement of the Ecuador judgment.

Gibson Dunn also faces mounting ethical questions about its sharp-edged litigation practices in the Ecuador matter, which recently led a federal court to sanction and fine Chevron after finding that a Gibson Dunn lawyer harassed a witness in the Ecuador matter.

In Ecuador, the trial court imposed a punitive damages award to the plaintiffs after finding Chevron’s lawyers tried to delay and undermine the proceedings by threatening a judge with jail time if he did not rule in the company’s favor.

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