Despite an adverse court ruling out of Ecuador, Chevron continues to remain on the offensive against trial lawyers who are suing the company over environmental allegations that have been hotly disputed.  An Ecuadorian appeals court in Lago Agrio  upheld a ruling earlier this month ordering the company to pay $18 billion in damages to plaintiffs who claim the oil company is responsible for polluting the Amazon and damaging the health of local residents.

Chevron became a target for litigation after it took over Texaco in 2001. Farmers and tribe members claim Texaco damaged parts of the jungle with faulty drilling practices in the 1970’s and 1980’s. In response, Chevron officials have said that Texaco properly re-mediated the areas where it had operations. Moreover, the company has produced reams of evidence that demonstrate plaintiff attorneys have been operating in collusion with Ecuador’s judiciary to produce fraudulent rulings. Chevron has also sought international legal recourse with considerable success.

Under the U.S.-Ecuador Bilateral Investment Agreement Treaty, a Hague Tribunal has ordered Ecuador to suspend enforcement of the ruling pending further investigation. Several federal judges in the U.S. have also ruled in the company’s favor. Chevron has also submitted a letter to Galo Chiriboga, Ecuador’s prosecutor general that documents the fraud and corruption allegations. The plaintiffs’ representatives including Steven Donziger, Pablo Fajardo, Juan Pablo  Saenz, Julio Priento and Luis Yanza worked in covert partnership with Judge Zambrano to craft a ruling  that would be favorable to their case, according to the letter.

Chevron’s evidence against the Ecuadorian court includes the following:

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If you remember well, a few months ago, Sodexo announced it was launching a trial against SEIU under the Racketeer Influenced and Corrupt Organizations Act. Sodexo accused the SEIU of using disreputable tactics in its campaign against the corporation such as blackmail, vandalism, trespass, harassment, etc.

While on our side we’ve been denouncing for more than a year the feeble arguments, low-blows and overall reckless tactics of the SEIU, our main motivation was to publicly unveil SEIU’s financial motivations in the campaign. Well now it seems we weren’t totally wrong in suspecting the union of using disreputable tactics, apparently the union itself advocates them.

As part of the public inquiry undergone with the lawsuit, the SEIU was forced to release , a “Contract Campaign Manual” destined for internal use. Machiaveli fans, this is your next read. The manual is a proper A, B, C of union campaigns and how to put pressure on corporations as well as generate and exploit media attention. It provides an unprecedented peek into the union’s own policy regarding corporate campaigns.

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You may recall that Sodexo slapped the SEIU with a RICO suit in March, citing the labor union’s “blackmail, vandalism, trespass, harassment, and lobbying law violations designed to steer business away from Sodexo USA and harm the company.”  SEIU had filed a motion to dismiss the suit, but according to a press release just issued,  a United States District Judge has denied the SEIU’s motion and ruled that Sodexo’s case can proceed.

“The court has validated our decision to file this lawsuit using the federal racketeering statute,” said Sodexo General Counsel Robert Stern. “This ruling clears the path to discovery and trial, allowing us to present evidence the SEIU has conspired to extort Sodexo by threatening financial damage unless we cave in to its demands. The SEIU’s campaign was designed to illegally threaten our company. We will continue to challenge the SEIU’s illegal behavior until it ends.”

The food services corporation has accused the SEIU of engaging in nefarious activities intended to harm the company, some of which include:

• Hacking into a Sodexo education website, in knowing violation of federal computer crime laws, and posting a link to one of the union’s own websites where malicious and disparaging claims were made about Sodexo
• Infiltrating, under false pretenses, a prestigious medical conference and throwing plastic roaches onto the food being served by Sodexo
• Falsely claiming that the Company’s food production plants have “rodent problems” and scaring hospital patients by insinuating that Sodexo USA food contained bugs, rat droppings, mold, flies and maggots, and that Sodexo provided linens contaminated with the “remnants of someone else’s hospital waste”
• Harassing Sodexo USA employees by threatening to accuse them of wrongdoing

The complaint also describes, among many other things, activities that are similar to other instances of the SEIU’s exploitation of college students to manufacture outrage against Sodexo and opposition to the company’s food services on campus.

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After years of being harassed by the purple people beaters, one company has finally said ENOUGH.

In a press release issued Thursday, Sodexo USA announced that the company has filed a civil lawsuit against the Service Employees International Union (SEIU) under the Racketeering Influenced and Corrupt Organizations (RICO) Act., accusing the union of engaging in an “illegal campaign of extortion.”  The lawsuit representing Sodexo is Hunton & Williams – the same firm SEIU and its allies have accused of launching a “dirty tricks” campaign against them in retaliation for their anti-Chamber of Commerce campaigns. (more on that after the jump)

One of the largest food services and facilities management companies in the world, Sodexo is the provider of choice for most schools, universities, companies, hotels, prisons and other facilities that outsource their cafeteria and food catering operations, and for those that outsource industrial cleaning services.  SEIU has been incessantly battering Sodexo since 2007, in its desire to unionize some of its nearly 400,000 employees, many of them hotel and food service workers.  Exacerbating the tensions was a longstanding turf war between SEIU and UNITE HERE over hotel and casino workers, which often spilled over into SEIU’s antics prior to the settlement the warring unions reached this past summer.

Sodexo USA has filed the lawsuit in an attempt to halt the over-the-top harassment from SEIU, alleging that many of the acts are very serious and outside of the normal realm of union tactics, including acts of ” SEIU blackmail, vandalism, trespass, harassment, and lobbying law violations designed to steer business away from Sodexo USA and harm the company.” [emphasis added]

Aside from some of its usual corporate smear campaign tactics, certain organizers in the SEIU subscribed to some especially nasty, and frankly repulsive, tactics:

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ACORN demanded and received changes to a congressional report that –surprise, surprise– fails to find ACORN did anything wrong.

Longtime ACORN lawyer Arthur Z. Schwartz sent a letter to the Government Accountability Office (GAO) which was examining federal grants to ACORN, under orders from Congress. Schwartz’s demands appear at pages 32 and 33 of the report which is called “Preliminary Observations on Funding, Oversight, and Investigations and Prosecutions of ACORN or Potentially Related Organizations.” The paper is available at GAO’s website.

ACORN’s election fraud assurance division, Project Vote, which used to employ President Obama, even threw in a few helpful suggestions in an effort to trick Americans into believing it no longer has anything to do with ACORN. Project Vote lawyer Brian Mellor’s letter appears at pages 35 and 36 of the report.

The preliminary -as in incomplete, insufficient, and downright superficial- report is less than enlightening. I got the distinct impression while reading it that its authors hadn’t actually been following ACORN’s troubled history. You can’t expect much from a federal investigation when the question posed, namely, whether some of the grants ACORN received, were misused. Instead of doing actually shoe-leather investigating, all GAO appears to have done is talked to other government agencies and compiled existing data.

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As we watch Obama govern, we don’t need to look far to find where he learned Chicago-style politics. One of his professors was Alderman Edward M. Burke, boss of the Chicago City Council.

After Alderman Fred Roti was convicted on 2 RICO, 5 bribery and 4 extortion charges, the Outfit lost much of its leverage over city business. Over time, Burke stepped into the void and centralized legislative power in his own office.

As chair of the Finance Committee, Burke gained control over the purse strings, and the City of Chicago carries a big purse. The Chicago Sun-Times reported:

When city workers get hurt on the job, they usually turn to a handful of lawyers tied to City Hall. And the city often fights back by hiring lawyers with ties to Ald. Edward M. Burke, chairman of the City Council Finance Committee, which has sole authority to settle workers compensation claims against the city. Injured city workers most often turn to Frederic Krol Sr., who went to prison for five months in the 1960s for bribing a federal prosecutor and temporarily surrendered his law license. The city has paid more than $65 million to settle 3,750 workers comp cases Krol has filed since 1980, records show.

Burke had familial influence over the restructuring of Chicago’s judicial system in the wake of Operation Gambat. Here’s how.

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The wounded ACORN snake continues writhing.  This time, the group has been barred from the entire state of Ohio, a swing state where the organization was very active in the last presidential election.

So active, in fact, it received an “Unsung Hero” award from the Communist Party USA for its “critical but  generally unrecognized role of organized labor and grassroots voter registration efforts in winning Ohio for Barack Obama,” according to a document on ACORNcracked.com.

But now, ACORN has reached a settlement under the Ohio Corrupt Activities Act, similar to the federal RICO Act  –  the same law that’s used to prosecute mobsters and drug kingpins.  Under the settlement, ACORN,  along with Project Vote, agreed “to file a certificate permanently surrendering its business license in Ohio by June 1,” according to The Columbus Dispatch.

The next part of the settlement was critical: it bars ACORN from simply changing its name and moving back into the state. From the Dispatch:

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Wade Radthe, who admits to helping cover up his brother’s alleged million dollar embezzlement and tax evasion, must be very pleased with Barney Frank and Chuck Schumer’s universal voter registration plan:

Sen. Charles E. Schumer, New York Democrat, and Rep. Barney Frank, Massachusetts Democrat, have plans to ram through legislation that will produce universal voter registration. No matter what they claim, the rule changes will make it possible for illegal aliens to register to vote and for others to register multiple times. [LINK]

Why does this please Wade? Because it’s his plan!

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For some time. several individuals have asked why we don’t just initiate suit against the obviously dishonest tactics and claims by the global warming industry under the Racketeer Influence and Corrupt Organization Act (RICO). This law commissions “private attorneys general” to pursue violations on their own, in essence as proxies for the state.

I have explained with intermittent impatience that just serially lying or exaggerating to deceive are not on their face  RICO “predicate” offenses. There must be three instances of a certain type of enumerated behavior over ten years to constitute a pattern in violation of RICO.

I have received an email from someone who has much appropriate training and experience and which causes me to revisit the issue. He writes,

“Well, now it really does look like a massive conspiracy to defraud the government.

When I was in law school, one of my profs noted dryly that once in a while the Massachusetts Attorney General would sternly announce ‘we are going to investigate this matter of ____,’ and the sky of Boston would blacken with the smoke of burning documents.

I bet there was a blip in electricity use this morning from emails being deleted by the climate change community.”

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The activities of the radical, corrupt to the core, left-wing Association of Community Organizations for Reform Now, which has tangled itself up in an infinitely complex web of deceit, thuggery, and questionable financial dealings, are long overdue for a RICO probe.

Recent well-publicized events that I need not recount here show ACORN’s criminal propensities. In a moment I’ll explain how ACORN’s financial affairs ought to raise a red flag for investigators at the U.S. Department of Justice, but first some background.

The Racketeer Influenced and Corrupt Organizations (RICO) Act, which was created to prosecute organized crime, allows the federal government to go after individuals who commit any two RICO-related crimes over a decade. The law allows courts to convict persons if it can be shown that they committed those crimes as part of an illegal enterprise and can order disgorgement of their ill-gotten gains from the enterprise.

RICO is the right tool for the job.

Perhaps it’s the only tool for the job because the ACORN network is deliberately structured to deter scrutiny. Its nebulous legal status and opaque corporate structure allow it to keep its activities largely hidden from public view.

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Media coverage of ACORN and that organization’s illegal activities in New York, California and elsewhere has largely ignored one of ACORN’s most successful projects; New York’s Working Families Party (WFP). 

Because of the unique nature of New York State election law, candidates are allowed to be endorsed and appear on the voting machine ballot as the candidate of multiple parties, winning the cumulative total of all votes cast for that candidate on multiple party lines.  Minor parties such as the Conservative, Liberal and Right to Life Party have played significant roles in New York politics.

The Working Families Party is not about working people or families and it isn’t really a party.  The WFP is a wholly owned subsidiary of ACORN.  Bertha Lewis co-chair of the Working Families Party is the Executive Director of New York ACORN.  New York ACORN leader, Steven Kest was the moving force in forming the party and WFP headquarters are located at the same address as ACORN’s national and New York office at 88 Third Avenue in Brooklyn, New York. 

WFP is essentially a money funnel which pays for an aggressive door to door canvas.  Largely funded by unions, the WFP is ACORN’s “political arm” in New York State.  Candidates supported by the Working Families Party and issues supported by ACORN are both advocated on the door steps of target voter homes as they share one major voter canvas. 

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Now that a third ACORN video has surfaced, a pattern emerges of ACORN workers willing to help people engage in prostitution, tax fraud, housing fraud, and even human trafficking. Under federal law, a RICO investigation is now warranted. Three strikes and you’re out, ACORN.

Videos show ACORN employees offering to help two undercover reporters/filmmakers posing as a prostitute and pimp in falsifying tax returns and getting a federal loan to buy a house that they could use as a brothel for underage prostitutes smuggled in from El Salvador.

When the first video emerged from such a meeting in ACORN’s Baltimore office on Thursday, ACORN fired the two workers involved. When another video surfaced on Friday, this one from ACORN’s D.C. office, the two workers involved there were fired as well, and ACORN said that these two reporters had tried and failed to carry out this sting in other offices.

One such office where ACORN said these reporters tried and failed was New York City. Yet Monday, a third video surfaced from Brooklyn in New York City. Once again, the ACORN employees on the video advise the undercover duo on how to violate federal law by filing a false income tax return to qualify for a federal housing loan.

As one worker says on the video, “honesty is not going to get you the house.” Well, not if you’re engaged in a host of felonies. (more…)