Chiquita Playing the Victim Card in Latest Legal Battle
Chiquita Playing the Victim Card in Latest Legal Battle
By Kevin Edmonds | The Other Side of Paradise | August 22, 2013
In 2007, Chiquita Brands International admitted to making payments to an array of Colombian paramilitary and guerilla groups over the past ten years in exchange for a paltry fine of $25 million. One group in particular, the Autodefensas Unidas de Colombia (United Self-Defense Forces of Colombia) or the AUC was designated as a foreign terrorist organization in 2001 – and one of the primary recipients of the payments. Claiming no wrongdoing Chiquita argued that it was being extorted and that it had never received “any actual security services or actual security equipment in exchange for the payments.”
At the time of the initial sentencing Assistant Attorney General Kenneth L. Wainstein remarked, in a seemingly straightforward manner, that “Like any criminal enterprise, a terrorist organization needs a funding stream to support its operations. For several years, the AUC terrorist group found one in the payments they demanded from Chiquita Brands International. Thanks to Chiquita’s cooperation and this prosecution, that funding stream is now dry and corporations are on notice that they cannot make protection payments to terrorists.”
It now appears that things are not as simple as Assistant Attorney General Wainstein initially thought. In April, Chiquita Brands International filed a reverse Freedom of Information Act lawsuit to stop the public release of thousands of documents handed over to the Security and Exchange Commission. The documents are said to outline in detail Chiquita’s illegal payments to terrorist organizations such as the AUC.
Despite the clear and existing evidence that Chiquita had engaged in criminal activity, Chiquita is arguing that under Exception 7(B) of the Freedom of Information Act, mandatory disclosure provisions do not apply to “records or information compiled for law enforcement purposes . . . to the extent that the production of such law enforcement records or information . . . would deprive a person of a right to a fair trial or an impartial adjudication.”
In an effort to portray the multinational corporation as the real victim in this case Chiquita’s lawyer, James Garland, argued that the disclosure of the documents “will make them available to the general public, including members of the press and individuals and organizations that seek to distort the facts surrounding the payments that Banadex (a subsidiary of Chiquita) made to the AUC under threat of force. Past experience with release of Chiquita’s documents has demonstrated that media campaigns based on gross mischaracterizations of released documents are certain to occur in an effort to entrench misconceptions of relevant facts in the minds of fact finders integral to the fairness of the proceedings.”
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