Someone told me the other day that David Boies, America's pre-eminent litigator, is complaining about this website. Boies is not happy with leaks that paint him -and his client (PDVSA)- as liars. For the record, I have written to Boies, seeking his comment on involvement with PDVSA US Litigation Trust case. Neither him, nor people associated to him involved in the case, have ever even acknowledged such requests. Unlike defendants' lawyers, I am not constrained by whatever the Judge says on hearings, legal protocol, this or that rule... I can publish whatever I want, and whatever gets into my inbox.
It is obvious that Boies is aware of what is published here, so here's a public invitation to explain, for instance, involvement of Alex Pencu, of Meister Seelig & Fein, in this case.
Is Pencu's cut of the proceeds going to Wilmer Ruperti? Will John Brennan share some of his 22% with Ruperti? How about Bill Duker's part: will some of that go to Ruperti too?
Of equal interest, involvement of Venezuela's Minister of Mines Roberto Mirabal Acosta, whose private practice is said to function from Ruperti's offices in Caracas and is another one of Ruperti's confidants, drafted to setting up the Litigation Trust with Venezuela's illegally appointed Attorney General.
Opinions of legal experts, such as Rogelio Perez Perdomo, are useless. At this point it is evident, not only here but in Department of Justice quarters, that the setting of the Trust lacks legitimacy and is nothing but another exhibit of rampant corruption. Thus I would like to hear Boies' rationalization of set up, along with views on how such a gathering of corrupt actors and actions meets FCPA guidelines. If there's no corruption involved, how can that 66% percentage of proceeds under Boies' trustees absolute control be explained?
Boies seems to be particularly unhappy about publication of information pertaining the Engagement Letter, between Boies Schiller Flexner LLP (BSF) and Nelson Martinez, which establishes how the loot will be shared, among other aspects. Boies has a lot to answer to in relation to this case, and this site will continue shedding a light on it, whether he likes it or not. When leaks arrive, and I sincerely hope they keep arriving, publication will follow after due corroboration.
Boies could explain why he pretended he did not know, and subsequently lied to the court about it, that a server containing crucial evidence was shipped to Switzerland.
Boies could explain why Ruperti's lawyers, whether American or Swiss, are involved "representing" PDVSA.
Boies should explain Duker's presence.
Boies should explain reasoning of filing competing claims, one criminal one civil, in different jurisdictions.
Boies should explain current standing of PDVSA's Swiss lawyer.
Boies should explain how come Brennan "got" laptops and info about Helsinge's operations from Francisco Morillo's estranged former wife.
Boies should explain his refusal to lower his, Brennan's and Duker's percentages in negotiations with Denton.
Boies should come clear about his intentions, which are not his really, but Venezuela's, a country undergoing the America's largest humanitarian crisis of the XXI century, precisely because of corruption like the one he is ear-deep in.