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Posts Tagged ‘Litigation’

OPL 245: DONNY CHING LIVING IN A WORLD OF ALTERNATIVE FACTS

Bill Campbell comments on OPL 245 Statement by Shell Legal Director Donny Ching

Chronology is important is it not!

The international law firm reported to the RDS board in July 2016 but the emails confirming Shell knew money was going to individuals was not exposed till April 2017 a year later and was confirmed by the statement from the Shell spokesman to be an accepted fact in his 10th April 2017 press statement.

So did the international law firm who we are to assume gave a positive message to the Board have no knowledge of these emails in 2016?

Ching seems to be living in the world of alternative facts, his statements in the article above that Shell had no visibility into all this and payments were made without their prior knowledge or authorisation by Shell totally contradicts what RDS has already admitted on record in April this year.

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Embarrassing facts Shell omitted from its history

Extract from page 10 (with our amendments in italics)

HISTORY

From 1907 until 2005, Royal Dutch Petroleum Company and The “Shell” Transport and Trading Company, p.l.c. were the two public parent companies of a group of companies known collectively as the “Royal Dutch/Shell Group”. In 2005, the Donovan’s beat us to the domain name “RoyalDutchShellGroup.com” and we lost a costly legal battle to seize it.

Operating activities were conducted through the subsidiaries of these parent companies. In 2005, Royal Dutch Shell plc became the single parent company of Royal Dutch Petroleum Company and of The “Shell” Transport and Trading Company, p.l.c., now The Shell Transport and Trading Company Limited. In 2005, the Donovan’s beat us to the domain name “RoyalDutchShellPlc.com” and we lost a costly legal battle to seize it. Royal Dutch Shell plc (the Company) is a public limited company registered in England and Wales and headquartered in The Hague, the Netherlands.

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SHELL LEGAL DIRECTOR COMMENTS ON OPL 245


I would like to share with you the history of Shell’s involvement in Oil Prospecting Licence (OPL) 245 offshore Nigeria. There has been a lot of media coverage recently on OPL 245 but the focus has been on the 2011 settlement and not the history and events leading up to the settlement. I will take you through a summary of facts and events relating to Shell’s involvement. Given that this matter is currently under investigation by various authorities, I will not comment on the specifics and regret that I cannot answer any questions on this today. However, I hope the information I share will help to clarify why certain Shell companies entered into the 2011 settlement and why we believe there has been no inappropriate conduct by any Shell company or its staff in this matter.

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SHELL REPUTATIONAL RISKS

SHELL REPUTATIONAL RISKS

How fortunate that Shell has not got itself mired in any murky activity. e.g. paying hundreds of millions to a Nigerian crook, putting profits before safety with induced earthquakes in The Netherlands, terrorising safety staff in Norway, spying globally on its own employees, or engaging in widespread bribery and corruption in Ireland. None of that could possibly happen. Same applies to the oil and gas reserves fraud, which Donny Ching, to his credit, has not forgotten

The following information is taken directly from Shell’s Annual Report for the year ended December 31, 2016

From page 14

An erosion of our business reputation could have a material adverse effect on our brand, our ability to secure new resources and our licence to operate.

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OPL 245: SHELL MI6 LOOSE CHATTER

Introduction by John Donovan

Published below are comments by Mr Bill Campbell, the retired HSE Group Auditor of Royal Dutch Shell. His remarks are in relation to the involvement of Shell and current?/former MI6 officers in the OPL 245 skulduggery currently involving multiple regulatory and legal authorities, including the Dutch Director of Public Prosecution and Dutch Police, the UK Serious Fraud Office, Italian and Nigerian Police and Prosecutors, the US Securities And Exchange Commission, and an investigation by the US Department of Justice under The Foreign Corrupt Practices Act.

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Esther Kiobel vs money motivated hornets’ nest of 66,000 lawyers

By John Donovan

The battle in the US courts over Shell discovery documents was uneven from the start. Esther Kiobel versus Shell’s formidable US lawyers CRAVATH, SWAINE & MOORE, LLP. The Nigerian-born widow of a murdered Ogoni leader on one side, still fighting to put Shell on trial for complicity in his murder, and a giant law firm on the other, which since 2002, has been blocking her path to justice.

Nonetheless, a US Judge granted her recent petition for Cravath to hand over more than 100,000 Shell discovery documents stored in the USA so that Esther can use them in a pending action against Shell in the Netherlands. In response, Cravath hired another top law firm Hogan Lovells led by one of America’s top lawyers Neal Katyal to represent them in an appeal, thus becoming a battle between Esther Kiobel (now a US citizen) and two giant law firms. No doubt with the malevolent presence of Shell lurking behind the scenes pulling the strings.

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More analysis of wiretapped BvB/Simon Henry phone call

By Bill Campbell (Retired HSE Group Auditor Shell International)

I have read through the Ben van Beurden/Simon Henry phone transcript but frankly cannot understand the apparently relaxed attitude, with many chuckles and laughter on the phone.

It seems clear also that RDS had been or were still pursuing some kind of internal investigation into the matter.

They raised but then thought lightly it would seem, of the emails that are incriminating, as though these did not involve their own employees whether direct or indirect, ex MI6 etc.

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Potent carcinogen contaminated drinking water used by millions, says report

Abigail Elise: National Curator. Apr 20, 2017

WASHINGTON — Shell Oil Co. and Dow Chemical hid a cancer-causing chemical in two commonly-used pesticides that contaminated the drinking water of millions of people in the state of California, according to lawsuits detailed in a report from the Environmental Working Group earlier this month. TCP, a poisonous insecticide gas, was used for decades in the pesticide Telone, made by Dow, and D-D, made by Shell.

FULL ARTICLE

Fresh Revelations of Alleged Shell Corruption to be Heard in Italian Court

Fresh Revelations of Alleged Shell Corruption to be Heard in Italian Court: Thursday, April 20, 2017

Court proceedings are due to begin in Italy today to determine whether oil giant Shell will face trial on corruption charges over the purchase of one of Africa’s most valuable oil blocks.

Italian prosecutors claim Shell and Italian oil major Eni concluded a deal for the rights to exploit the Nigerian deepwater oil block OPL 245 with knowledge that the money would fall into the hands of a convicted money-launderer and be turned into political kickbacks.

Shell and Eni embroiled in ‘unholy mess’ over Nigerian oil: FT: 20 April 2017

Shell and Eni are waiting to learn whether a judge will accept a request from a Milan prosecutor for the two companies and individuals — including Claudio Descalzi, chief executive of the Italian energy group — to face trial for alleged corruption.

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OPL 245: Milan Court Decision Day Tomorrow on Shell ENI

Tomorrow an Italian court is expected to make a decision on launching criminal proceedings against the oil giants ENI and Royal Dutch Shell in regards to the $1.3bn OPL 245 corruption scandal.

Two oil giants could face trial in Italy over Nigerian deal

OPL 245: Bernardus Cornelis Adriana Margriet Van Beurden

Extracts from Milan Prosecutors letter relating to Royal Dutch Shell and its current/former executives and employees.

Notification of completion of preliminary investigations Art. 415-bis of the Italian Code of Criminal Procedure The Public Prosecutor, having regard to the above criminal proceedings against

Royal Dutch Shell PLC with registered office in The Hague (Netherlands), at Carel Van Bylandtlaan, 30 legal representative pro tempore: Bernardus Cornelis Adriana Margriet Van Beurden, born in Roosendaal en Nispen on 23 April 1958 Defended by the lawyer Bruno Lorenzo Cova of the Court of Turin, and by the lawyer Francesca Petronio of the Court of Milan, with chambers at in Milan, Via Rovello, 1 With address for service at the Paul Hastings (Europe) LLP law firm in Milan, at Via Rovello, 1 for the crimes and administrative offences listed below:

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Shell’s litigation in the U.S. courts over misappropriated $1.4bn Nigerian oil

By John Donovan

Esther Kiobel, the widow of Shell Ogoni leader Dr Barinem Kiobel, spent over a decade pursuing litigation against Royal Dutch Shell in the USA courts for alleged complicity in his murder.

All of her efforts and those of her lawyers and all the evidence gathered from witnesses came to nought when the U.S. Supreme Court ruled in 2013 that Shell could not be sued in the in the U.S. courts for matters that happened in Nigeria.

Being a simple soul, not a lawyer, I am at a loss to understand how it is then that Shell is currently pursuing litigation against the Nigerian National Petroleum Corporation (“NNPC”) in the U.S. courts in relation to the sum of $1,416,932,000 (Yes, $1.4bn), plus interest and legal costs.

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