As predicted in this site, defendants in the farcical PDVSA US Litigation Trust are challenging both the standing of the trust, and David Boies' ability to present a half coherent case.
Boies has failed, repeatedly, to produce witnesses for deposition. These witnesses, that Boies is meant to produce, are not foreign to his action: quite the contrary, these are the people he is meant to represent; these are the people that "signed" an agreement with his proxies Andrews and Swyer; these are the folks who -inexplicably- gifted Boies 66% of whatever proceeds he would be able to extract from defendants; ultimately, this a case that has only been filed in Switzerland -by proxies of Wilmer Ruperti, and in Florida -by Boies, but crucially not in the very jurisdiction where the fraud was perpetrated: Venezuela.
That is, the Venezuelan General Prosecutor that "instructed" Boies to sue on behalf of PDVSA, is not suing culprits in Venezuela!
Boies can not produce witnesses for one simple reason: the party that cooked this deal (Wilmer Ruperti) has no control whatsoever over PDVSA, its officials, Venezuelan prosecutors, or over any chavista in a position of authority.
Last minute talks were held in Madrid and Barcelona this week, as per sources familiar with the case, between Ruperti, Bill Duker, the alleged financier of the trust. and Boies, whose lawyers were meant to be around to participate in a June 8 deposition -that never took place- with Hilda Cabeza (mouthpiece of PDVSA's CEO Manuel Quevedo). Furthermore, Cabeza stated (letter) that PDVSA can't comply with discovery requests pertaining standing of the trust, for it has no additional documents to conclusively prove its legality under Venezuelan law.