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Posts under ‘Bribery’

US appeal against order to hand over Shell docs for Dutch case

 The most audacious argument being made by Cravath against the Court Order is that since Esther Kiobel has already waited more than twenty years in pursuing Shell, what’s the problem in her waiting even longer!

By John Donovan

Yesterday, despite the fact that the petition case resulting in the recent Court Order had been officially closed, Cravath filed an appeal against handing over the Shell discovery documents for use in the Dutch courts. This is for an imminent human rights action being brought by Esther Kiobel against Shell in its home country.

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Shell Charged With Corruption In OPL 245 Nigerian Oil Deal

Italian prosecutors have reportedly charged oil giants Shell and Eni with international corruption offences, as the companies struggle with the fallout from their controversial 2011 purchase of an oil licence in Nigeria.

Several senior executives from the two companies – including Eni’s current CEO Claudio Descalzi – have also been asked to stand trial individually over the $1.3billion deal, along with former Nigerian oil minister Dan Etete.

Shell declined to comment when approached by Energydesk. Individuals briefed on the matter said the company had not yet received notice from the Italian prosecutors.

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Which Members of the Royal Dutch Shell Executive Committee Approved the OPL 245 Scam?

In March last year, a regular contributor to this website using the alias “Outsider” (in fact a well-connected insider) posted the following comment and question on our Shell Blog.

Contrary to what today’s newspaper reports might suggest, Shell wasn’t “dragged” into the long-running OPL 245 scandal – Shell was involved in orchestrating it from the very start.

Since expenditure at this level must have required the approval of the EC it will be interesting to see whether Shell will let us know which members of the EC were responsible for approving the scam.

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Italian prosecutors seek trial of Shell Foundation Chairman Malcolm Brinded on OPL 245 Corruption Charges

ITALIAN PROSECUTORS SHOW ALL EQUAL BEFORE THE LAW AS THEY REQUEST TRIAL OF SHELL, ENI, SENIOR EXECUTIVES AND FORMER NIGERIAN OFFICIAL FOR CORRUPTION OFFENCES OVER OPL 245 DEAL

9th February 2017 – Sources close to Italian law enforcement today confirmed that they have requested that Shell, Eni and several Eni senior executives including the current CEO Claudio Descalzi, be sent to trial for alleged international corruption offences over the 2011 purchase of the massive Nigerian OPL 245 oil block. Italian prosecutors also requested that former Nigerian Oil Minister Dan Etete and several other individuals be sent to trial, and are seeking separate charges against four senior Shell executives including the current Shell Foundation Chairman Malcolm Brinded, who at the time of deal was head of Global Exploration and Production.

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€8.5 million Shell slush fund mishandled in Ireland

By John Donovan

The Irish edition of The Sunday Times has published an article reporting that an official audit by a local government auditor has criticised the basis on which a €8.5 million fund, provided by the benevolent energy giant Shell, was handled by Mayo County Council.

What is the appropriate description for such a huge sum lavished on a relatively tiny community in County Mayo? A bribe? A spectacularly generous gift? Hush money? Or compensation for being diddled out of their birthright?

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Royal Dutch Shell Breaking News 31 Jan 2017

Links below are to some of the current news stories posted on our sister website royaldutchshellgroup.com covering, among other developments, an article published today by The Wall Street Journal under the headline: Corruption Currents: Nigeria to Charge Shell, Eni in Oil-Graft Scandal.

There is also news that Shell has sold a stake in a Thailand gas field and is selling more North Sea assets, all part of the fire sale necessary for funding the takeover of the BG Group. Also, some previews of Shell’s imminent fourth quarter results.

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NIGERIAN AUTHORITIES SEIZE BILLION DOLLAR OIL BLOCK FROM SHELL AND ENI


STATEMENT BY GLOBAL WITNESS

Nigeria’s anti-corruption law enforcement agency, the Economic Financial Crimes Commission (EFCC) has secured a court order in the Federal High Court of Abuja mandating the return of oil block OPL 245 to the Government, following an investigation into corruption allegations over how the deal was done. The historic news shows exactly why a landmark transparency rule now under threat from Republican lawmakers in the US is so important.

In 2011, Shell and Eni paid $1.1 billion to Malabu Oil and Gas, a front company secretly owned by a former Nigerian oil minister  This crooked deal deprived Nigeria’s people of a sum worth 80% of its 2015 healthcare budget. Shell and Eni have always denied that they knew the money would go to Malabu, but documents seen by Global Witness show that the companies constructed the deal knowing that the money would flow ultimately to Etete’s company. The block in has been estimated to hold as much as 9.23 billion barrels in probable reserves, investors face substantial losses from a backroom deal they knew nothing about.

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Shell Nigerian Litigation: Win in UK. Loss in USA

As has been widely reported, Shell has managed to block the litigation brought in the London High Court by Nigerian litigants claiming for severe environmental damage caused by Shell in Nigeria. An appeal against the decision is likely. I have evidence that may assist.

Two days earlier, on 24 January, Shell lawyers lost a related case in America. A US Federal Judge Alvin K. Hellerstein ordered Shell law firm Cravath, Swaine & Moore LLP, to make available to the Nigerian litigant Ether Kiobel by 27 February, for use in the Dutch courts in a human rights action, more than 100,000 Shell discovery documents stored in the USA. I am involved in that case.

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A deserved shitstorm of Shell Nigerian litigation

A boatload of heavily armed Shell employees? Photograph: Veronique de Viguerie/Getty Images

Shell is facing what Americans might describe as a shitstorm of lawsuits arising from its Nigerian activities since the 1950’s. Litigation is current or pending in Nigeria, the USA, Italy, the UK and the Netherlands.

According to Wikipedia, shitstorm is a vulgar dysphemism for a chaotic and unpleasant situation. It does seem appropriate in a reputational nightmare of Shell’s own making. Related human rights allegations against Shell and the evil Nigerian regimes it has supported include torture, murder, toxic pollution, spying and corruption on a grand scale.

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A poisoned chalice for Shell’s Ceri Powell

His Majesty the despotic Sultan of Brunei meeting Malcolm Brinded some years ago, perhaps to discuss corruption? Brinded is currently named in the Nigeria OPL 245 scandal. 

The sideways move of Ceri Powell from being Shell’s exploration chief to the dubious distinction of being appointed as a manager director of corruption-tainted Brunei Shell Petroleum has been blamed on company cut backs in drilling new wells.

The corruption in question, involving at least 8 members of Brunei Shell staff, explain the pleadings made by a previous Brunei Shell Petroleum director, Ken Marnoch. The fall out is current and ongoing.

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Esher Kiobel v Shell article published in Dutch FT

The Nigerian Esther Kiobel will drag Shell before the Netherlands courts in a civil lawsuit. She holds the oil company responsible for complicity in the death of her husband Barinem Kiobel in 1995. Kiobel has returned to the US courts years after a legal action against Shell. With a view to a trial in the Netherlands Kiobel requested access to documents in the American action that were introduced by Shell. Kiobel claims these documents can prove that Shell colluded with the Nigerian regime to commit human rights violations. A US judge has approved in late December a request to use the documents in a Dutch court. The Dutch lawyer Channa Samkalden representing Kiobel in the Netherlands, says that the aim is to start the case in the Netherlands’ in the first months of this year.  “In the case going to Shell’s liability will be due to the role of the company at the events that led to the death of Kiobels husband,” says Samkalden.

Human Rights Violations

Barinem Kiobel along with environmental activist Ken Saro-Wiwa and seven others who were protesting against oil exploration in the Niger Delta, were executed by the Nigerian military. Because Shell according to Kiobel supported and provided funding to the army in the fight against groups protesting against oil companies in the Niger Delta, the company was complicit in his death.

In 2009, Shell settled a US case for more than $ 15 million with some relatives of the executed Nigerians, who were known as the Ogoni nine, but the case of Kiobel did not lead to a settlement. The US Supreme Court, however, ruled in 2013 that it had no jurisdiction to rule on her claims.

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Resurrection of Kiobel v Royal Dutch Shell litigation

32 page U.S. Federal Court Order dated 20 December 2016 

U.S. Related FederalCourt Order dated 6 January 2017

Shell is being buried up to its corporate neck in a toxic swamp of current or pending litigation arising from its activities in Nigeria.

In 2013 Shell thought it had killed Nigeria related long-standing litigation in the U.S. courts when the U.S. Supreme Court decided that the Alien Tort Claims Act does not apply extraterritorially

Esther Kiobel was the bitterly disappointed lead plaintiff seeking justice in the USA on human rights grounds against a company she considers to be evil. She holds Shell responsible for the murder of her late husband, Ogoni leader Dr Barinem Kiobel.

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