→Legal Activity and Allegations of Corruption: Difamatory and tendencious statement |
→Legal Activity: This information is not accurate, there is no report nor condemn, this is just difamtory and libel |
||
Line 80: | Line 80: | ||
==Legal Activity== |
==Legal Activity== |
||
The first published allegation of wrongdoing by Derwick Associates occurred in 2011 when Venezuelan newspaper [[Ultimas Noticias]]'s [[Cesar Batiz]] published an investigative series alleging overbilling and odd transactions between BARIVEN and Derwick Associates. The investigation uncovered that the son of the government official awarding a power plant contract to Derwick had shipped a 1959 Porsche automobile using Derwick Associates office address on the shipment and importation paperwork. [http://www.scribd.com/doc/62457658/Cable-Pelao-Ultimas-Noticias-2011-08-07] |
|||
<ref>{{cite news|url=http://www.ultimasnoticias.com.ve/noticias/ciudad/parroquias/ipys-reconoce-investigacion-de-periodista-de-un.aspx |title=Ipys reconoce investigación de periodista de ÚN | Últimas Noticias |publisher=Ultimasnoticias.com.ve |date= |accessdate=2014-03-29}}</ref> [http://www.scribd.com/doc/62457658/Cable-Pelao-Ultimas-Noticias-2011-08-07] Days later an elected deputy to the country's National Assembly called for an investigation of how the Derwick contracts were awarded <ref name="ElUniversal"/> |
|||
On September 13, 2012, Derwick Associates Corp. and its co-founders, Leopoldo Betancourt López and Pedro Trebbau López, filed a lawsuit in Miami-Dade Circuit Court, charging that they had suffered severe damage to their reputations as a result of actions by the Caracas-based bank [[Banco Venezolano de Crédito|Venezolano de Credito SA Banco Universal]], by the bank's former president and chairman, Óscar García Mendoza, and by Rafael Alfonzo Hernández, a member of the bank's board. The Derwick lawsuit, "alleged defamation of Derwick, Betancourt and Trebbau; tortious interference with contract and with business relationships; deceptive and unfair trade practices; and civil conspiracy."<ref name=Law>{{cite news |url=http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1202574639157 |title=Defamation Suit Seeks $300 Million in Damages From Venezuelan Bankers |author=Plunkett, Steve |date=October 10, 2012 |work=Daily Business Review | location=South Florida |accessdate=November 25, 2012}}</ref> The company sought 300 million in damages.<ref name=Law/> |
On September 13, 2012, Derwick Associates Corp. and its co-founders, Leopoldo Betancourt López and Pedro Trebbau López, filed a lawsuit in Miami-Dade Circuit Court, charging that they had suffered severe damage to their reputations as a result of actions by the Caracas-based bank [[Banco Venezolano de Crédito|Venezolano de Credito SA Banco Universal]], by the bank's former president and chairman, Óscar García Mendoza, and by Rafael Alfonzo Hernández, a member of the bank's board. The Derwick lawsuit, "alleged defamation of Derwick, Betancourt and Trebbau; tortious interference with contract and with business relationships; deceptive and unfair trade practices; and civil conspiracy."<ref name=Law>{{cite news |url=http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1202574639157 |title=Defamation Suit Seeks $300 Million in Damages From Venezuelan Bankers |author=Plunkett, Steve |date=October 10, 2012 |work=Daily Business Review | location=South Florida |accessdate=November 25, 2012}}</ref> The company sought 300 million in damages.<ref name=Law/> |
Revision as of 12:44, 31 March 2014
Native name | Derwick Associates de Venezuela SA |
---|---|
Industry | Energy |
Founded | 2007 |
Founder | Alejandro Betancourt López Pedro Trebbau López |
Headquarters | |
Products | Electrical power Natural gas |
Services | Engineering Power-plant construction |
Website | derwickassociates |
Derwick Associates is a primarily Venezuelan engineering company. Derwick's first project was the Engineering Procurement and Construction (EPC) of Picure Power Plant in Vargas State for 156 MW, awarded by Electricidad de Caracas in 2009. It was soon followed by 11 more contracts with different clients such as PDVSA, CVG and Corpoelec during the 2009 - 2010 energy crisis in Venezuela.[1]
Venezuelan power station contract
The firm's first project was the award of 12 contracts for the construction of power stations in Venezuela during a 2009-2010 energy crisis in that country. Four contracts were awarded byElectricidad de Caracas (which in December 2011 became part of Corpoelec), five by state-owned Petróleos de Venezuela SA (PDVSA, with the contract negotiated by Bariven, a division of PDVSA), and one byVenezuelan Guayana Corporation (CVG). A number of 11 contracts out of 12 have been completed [2][3]
Client | Number | Power Station | State | Power (MW ISO) |
---|---|---|---|---|
CVG | 1 | Sidor Planta A | Bolivar | 181 |
CORPOELEC | 2 | La Raisa I | Miranda | 180 |
CORPOELEC | 3 | La Raisa II | Miranda | 100 |
CORPOELEC | 4 | Guarenas I | Miranda | 108 |
CORPOELEC | 5 | Guarenas II | Miranda | 48 |
CORPOELEC | 6 | Margarita (*) | N. España | - |
CORPOELEC | 7 | Picure | Vargas | 140 |
PDVSA | 8 | Las Morochas | Zulia | 22 |
PDVSA | 9 | Barinas I | Barinas | 100 |
PDVSA | 10 | El Furrial | Monagas | 232 |
PDVSA | 11 | Morichal | Monagas | 105 |
(*)Conversion from simple to dual cycle
In February 2013, Venezuelan newspaper El Nacional reported that Derwick had been assigned 70% of the responsibility to increase generating capacity in the Caracas metropolitan area.[5] In December 2013, a fail in the conduct of a 765kv tower caused a national power outage in Venezuela. The city of Caracas was the first one orecover, on an average of 30 minutes time,thanks to the ringof power plants set up around Caracas and formed by five new electric plants built by Derwick (Picure, Guarenas I and II, and La Raisa I and II.[6] [7]
Legal Activity
On September 13, 2012, Derwick Associates Corp. and its co-founders, Leopoldo Betancourt López and Pedro Trebbau López, filed a lawsuit in Miami-Dade Circuit Court, charging that they had suffered severe damage to their reputations as a result of actions by the Caracas-based bank Venezolano de Credito SA Banco Universal, by the bank's former president and chairman, Óscar García Mendoza, and by Rafael Alfonzo Hernández, a member of the bank's board. The Derwick lawsuit, "alleged defamation of Derwick, Betancourt and Trebbau; tortious interference with contract and with business relationships; deceptive and unfair trade practices; and civil conspiracy."[8] The company sought 300 million in damages.[8]
The allegations in the Derwick lawsuit was that García Mendoza and Alfonzo Hernandez were behind an anonymous Spanish-language website www.wikianticorrupcion.org, which had accused Derwick of criminal behavior.[9] García Mendoza denied that he, the bank, or Alfonzo Hernandez had committed any of the actions that they were charged with and stated he had "nothing to fear",[10] and filed a motion to dismiss, in which they argued that "Derwick had failed to allege enough facts showing that the defendants controlled the content of the website or made the allegedly defamatory online statements".[11] After Derwick began its civil suit against Banco Venezolano de Crédito, the Venezuelan bank regulator (Sudeban) issued an order forbidding the bank from paying shareholder dividends until the suit was settled.[12] On April 4, 2013 an attorney by the name Jacinto Castillejo came out as the founder and publisher of the anonymous Spanish-language website www.wikianticorrupcion.org and stated he had done so because the owners of Derwick "attempt to use U.S. courts to intimidate and attack freedom of expression."[13] Derwick did not sue Ultimas Noticias, Cesar Batiz, or Jacinto Castillejo. Derwick and Garcia Mendoza reached an out-of-court settlement and the case was dismissed with prejudice with prejudice.
In July 2013, Otto Reich, who had previously served as the US Ambassador to Venezuela and as a senior State Department Official, filed suit in New York Federal Court alleging that Derwick Associates had bribed several Venezuelan government officials in order to secure contracts to build power stations. Reich's legal complaint was filed under the provisions of the Racketeer Influenced Corrupt Organizations Act, known as RICO, a United States federal law from the 1970s designed to dismantle organized crime. Specifically, Reich's lawsuit alleged that Rafael Ramírez, the oil minister and the president of Venezuela's state oil company PdVSA, received bribes that resulted in Derwick receiving no-bid contracts to build four power plants in Venezuela in 2010.[14] Reich also alleged that defendants Derwick Associates, Leopoldo Alejandro Betancourt Lopez, Pedro Trebbau Lopez, and Francisco D'Agostino had defamed him and damaged his business during Derwick's previous court action against Banco Venezolano.[15]
In March 2014, Thor Leonardo Halvorssen Mendoza filed suit against Derwick Associates, Leopoldo Alejandro Betancourt Lopez, Pedro Trebbau Lopez, and Francisco D'Agostino had defamed him and damaged his business during Derwick's previous court action against Banco Venezolano. Halvorssen accusing Derwick and its directors of damaging his reputation after Derwick's attorneys sent letters to Forbes magazine and to the Huffington Post website questioning his integrity and professionalism. Halvorssen's suit alleges that Derwick and its principals paid a $50,000,000 bribe to Diosdado Cabello, speaker of the Venezuelan Assembly.[16] Joe DeMaria, Derwick's attorney, said Halvorssen’s allegations are absolutely false. Additionally, the Bank alleged to have received the payment, Banesco in Panama, also denied the allegation.[4] Halvorssen released a statement stating: "My attorneys and others working with them have conducted a thorough investigation into every allegation. We will require the defendants to provide documents and answers to questions under oath before and during the trial."[17]
References
- ^ Luis Carías Toscano. "Derwick ha edificado 11 plantas termoeléctricas que generan 1.386 MW". El-nacional.com. Retrieved 2014-03-29.
- ^ http://www.el-nacional.com/economia/Derwick-edificado-plantas-termoelectricas-MW_0_271173186.html
- ^ http://www.analitica.com/noti-tips/8921474.asp
- ^ "Derwick ha concluído sus trabajos en otras tres termoeléctricas que aportan 437 MW adicionales". Retrieved October 25, 2013.
- ^ El Nacional, 04 Feb 2013, 70% de nueva generación en 2012 se dirigió a Caracas, Zulia y Anzoátegui Retrieved 13 Feb 2013.
- ^ http://www.el-nacional.com/economia/Gobierno-afirma-desprendimiento-conductor-transmision_0_312568742.html
- ^ http://ecodiario.eleconomista.es/interstitial/volver/acimar/actualidad-eAm-chile/noticias/5369094/12/13/-Centrales-termicas-del-anillo-de-Caracas-evitaron-el-colapso-electrico-de-la-ciudad.html#.Kku8D5g4UgCV1Eh
- ^ a b Plunkett, Steve (October 10, 2012). "Defamation Suit Seeks $300 Million in Damages From Venezuelan Bankers". Daily Business Review. South Florida. Retrieved November 25, 2012.
- ^ Sarfo, Ama. (September 14, 2012). "CORRECTION: Energy Co. Hits Venezuelan Bank with $300M Defamation Suit", Law360. LexusNexus, New York. Retrieved May 31, 2013.
- ^ Díaz-Bandres, Gustavo (September 18, 2012). "Oscar García Mendoza: "Tomaremos las acciones que sean necesarias"". El Mundo. Venezuela. Retrieved November 25, 2012.
- ^ Bolado, Carolina. (April 19, 2013). "Venezuelan Bank Settles Energy Co.'s $300M Defamation Suit", Law360
- ^ "[1]
- ^ [2].
- ^ Cite error: The named reference
online.wsj.com
was invoked but never defined (see the help page). - ^ "Former US ambassador to Venezuela files bribe suit", (July 31, 2013).The Wall Street Journal'. Retrieved August 1, 2013.
- ^ Cite error: The named reference
miamiherald.com
was invoked but never defined (see the help page). - ^ [3]