Chiquita Found Liable For Colombia Paramilitary Killings

Chiquita Found Liable for Colombia Paramilitary Killings 20000306 first page The first page of a March 6, 2000, Chiquita legal memo that was read aloud during the trial. National Security Archive Schedule of Chiquita’s Paramilitary Payments Evidence at Trial Jury Awards Banana Company Victims $38.3 Million in Landmark Human Rights Case Published: Jun 10, 2024 Edited by Michel Evans For more information, contact: 202-994-7000 or nsarchiv@gwu.edu Subjects Crime and Narcotics Human Rights and Genocide Regions South America Project Colombia Chiquita Papers Washington, D.C., June 10, 2024 – Today, an eight-member jury in West Palm Beach, Florida, found Chiquita Brands International liable for funding a violent Colombian paramilitary organization, the United Self-defense Forces of Colombia (AUC), that was responsible for major human rights atrocities during the 1990s and 2000s. The weeks-long trial featured testimony from the families of the nine victims in the case, the recollections of Colombian military officials and Chiquita executives, expert reports, and a summary of key documentary evidence produced by Michael Evans, director of the National Security Archive’s Colombia documentation project. “This historic ruling marks the first time that an American jury has held a major U.S. corporation liable for complicity in serious human rights abuses in another country,” according to a press release from EarthRights International, which represents victims in the case. In 2007, Chiquita reached a sentencing agreement with the U.S. Department of Justice in which it admitted to $1.7 million in payments to the AUC, which was designated a terrorist organization by the United States in 2001. Chiquita paid a $25 million fine for violating a U.S. anti-terrorism statute but has never before had to answer to victims of the paramilitary group it financed. In 2018, Chiquita settled separate claims brought by the families of six victims of the FARC insurgent group, which was also paid by Chiquita for many years. This trial focused on nine bellwether cases among hundreds of claims that have been brought against Chiquita by victims of AUC violence. The nine plaintiffs were represented by EarthRights, International Rights Advocates, and other attorneys who years ago agreed to consolidate their claims against Chiquita and collaborate in multidistrict litigation (MDL) in the U.S. District Court for Southern Florida. Today, the jury found Chiquita liable in eight of the nine cases presented to them. Plaintiffs contended that Chiquita willingly entered into “an unholy alliance with the AUC,” a group responsible for horrible atrocities and grave human rights abuses, at a time when the banana company was buying land and expanding its presence in Colombia’s violent banana-growing region. Attorneys for Chiquita argued that the company was “clearly extorted” by the AUC and had no choice but to make the payments.[1] Jurors found that the AUC was responsible for eight of the nine murders at issue in the case; that Chiquita had “failed to act as a reasonable businessperson”; that “Chiquita knowingly provided substantial assistance to the AUC” that created “a foreseeable risk of harm to others”; and that Chiquita had failed to prove either that the AUC actually threatened them or that there was “no reasonable alternative” to paying them. Testifying on May 14, Evans described the “1006 summary” he created for the plaintiffs tracking ten years of Chiquita’s paramilitary payments and based exclusively on thousands of internal records produced by Chiquita in the case. Evans explained how he sorted through thousands of payment request forms, security situation reports, spreadsheets, auditing documents, depositions, legal memoranda, and other documents from Chiquita’s own internal records to create the summary, which tracks over one hundred payments to the AUC, most of them funneled through “Convivir” self-defense groups that acted as legal fronts for the paramilitaries. Importantly, Evans found Chiquita payments to Convivir groups beginning in 1995, two years earlier than Chiquita had previously admitted, and several other Convivir payments not included on the list proffered by Chiquita in the case that resulted in the 2007 sentencing agreement. Other notable items in the schedule include payments that were funneled through an armored vehicle service run by Darío Laíno Scopetta, a top leader of the AUC’s Northern Bloc who is now serving a 32-year sentence in Colombia for financing paramilitary operations. Since 2007, the National Security Archive has obtained thousands of internal records on Chiquita’s “sensitive payments” in Colombia through Freedom of Information Act (FOIA) requests and through FOIA litigation, even overcoming Chiquita’s “reverse FOIA” attempt to block the release of records by the U.S. Securities and Exchange Commission. Key revelations from these FOIA releases are featured in numerous publications from the Archive’s Chiquita Papers collection. Since most of these records and many related documents were also produced during the discovery phase of this case, plaintiffs asked Evans to summarize them in the schedule that was presented at trial. The schedule of paramilitary payments was also one of the last images left in the minds of jurors as plaintiffs closed their case-in-chief several weeks ago. After discussing the details of some of Chiquita’s more unusual paramilitary transactions, lead counsel Marco Simons of EarthRights walked the jury through the text of a document that was featured in the Archive’s first-ever Chiquita Papers posting in 2011. Written by Chiquita in-house counsel Robert Thomas, the handwritten memo described assurances from Chiquita staff in Colombia that payments to a paramilitary front company were necessary because Chiquita “can’t get the same level of support from the military.” Plaintiffs also relied on the Chiquita Papers records during the cross examination of key defense witnesses who were involved in making the illicit payments. In one example, plaintiffs drew from an internal report on the conflict situation in Colombia in 1992 (originally published here) to help elicit important admissions about the origins of the paramilitary payments from Charles “Buck” Keiser, the longtime general manager of Chiquita operations in Colombia. The report from Chiquita’s Colombia-based security staff said that among the armed groups then getting payments from Chiquita was one, the Popular Commands, that was considered a “paramilitary” group. Prompted by documents and other evidence, Keiser steered the jury through the process by which voluntary payments to the Popular Commands became payments to the AUC. (See our previous posting featuring key documents about Keiser and 12 other Chiquita officials accused of crimes against humanity in Colombia.) Crucially, Keiser also admitted that a supposedly pivotal meeting with top AUC leader Carlos Castaño that has long been one of the pillars of Chiquita’s duress defense had virtually no bearing on the company’s decision to pay paramilitary groups and that, in fact, the company had already begun to pay paramilitary-linked Convivir self-defense groups long before the Castaño meeting. Several witnesses, including Keiser, also admitted that the company had never actually been threatened by the AUC or been the victim of AUC violence, according to trial transcripts. A future Electronic Briefing Book will focus on some of the key evidence that was brought forward in this case. In the meantime, those interested in reading more about the case and the entire episode can start at our Chiquita Papers page. NOTE [1] David Minsky, “Chiquita Capitalized on Colombia’s War. Victims’ Families Say,” Law360, April 30, 2024.