The Chevron RICO case was a dispute over alleged environmental damage in Ecuador, with financial stakes amounting to billions of dollars. Chevron accused the plaintiffs and their legal team of fraud and racketeering to obtain a $9.5 billion judgment against the company. This led to a U.S. court ruling in Chevron’s favor under the Racketeer Influenced and Corrupt Organizations Act (RICO).
In 2021, New York-based lawyer Steven Donziger, representing Ecuador in the Chevron RICO matter, was sentenced to 6 months in jail for contempt of court following a decade-long legal battle with Chevron that brought up issues of corporate accountability and environmental justice.
The highly-publicized trial featured over 160 exhibits and testimonies from seven witnesses. Among those witnesses was the neutrally appointed digital forensics expert – Ondrej Krehel. The United States District Court for the Southern District of New York (S.D.N.Y.) entrusted Ondrej with uncovering vital details in the case and delivering his expert analysis.
“The Court finds Mr. Krehel’s testimony largely to be credible as well. His expertise in digital forensics was patent, and his demeanor was self-assured, especially on direct examination. Mr. Krehel provided a coherent and concise account of the actions he took pursuant to the Protocol–most notably his traveling to Mr. Donziger’s apartment and his communications with Mr. Donziger as well as Chevron’s counsel–and his testimony was consistent with contemporaneous documents.”
United Statesn v. Donziger, 19-CR-561 (LAP), (S.D.N.Y. Jul. 26, 2021)
Ondrej Krehel’s role in the case
In March 2019, Judge Kaplan of S.D.N.Y. invited Ondrej Krehel as a neutral forensic expert witness after issuing a protocol to collect and examine digital evidence relating to Chevron from Mr. Donziger’s devices and online accounts.
Mr. Donziger was given:
- Three days to provide Mr. Krehel with a list of devices and accounts used for communication or to store and access information since March 2012.
- Two weeks to provide his devices to Mr. Krehel, along with any online access to communications accounts for imaging.
In collaboration with the FBI, Mr. Krehel was tasked with examining the digital evidence before any of it was shared with Chevron’s forensic expert. This process would have included creating a Person/Entity Report for Mr. Donziger’s review, allowing him to mark certain information as “Highly Confidential and Personal.”
However, Mr. Donziger did not comply with the directive to provide a sworn list of his devices and accounts by the March 8, 2019 deadline. In an email on March 11, 2019, he explicitly stated his intentions to Mr. Krehel, highlighting his reluctance to release confidential and constitutionally-protected personal and client documents to Chevron, as well as his resistance to allowing his hard drive and online accounts to be mirrored.
Despite the prior communication, Mr. Krehel adhered to court directives and arrived at Donziger’s address on March 18, 2019, at 12:00 pm to collect the devices. Over an hour upon arrival, following a brief exchange, Mr. Donziger informed Mr. Krehel that he would not surrender possession of his devices for mirroring.
Source: Case 1:11-cv-00691-LAK-JCF Document 2173-2 Filed 03/12/19 Page 1 of 3
Mr. Donziger’s refusal to cooperate with the protocol led to a situation where Mr. Krehel did not receive the required list of devices and accounts within the three-day window post-protocol entry. This non-compliance was confirmed during the trial, where it was noted that Mr. Krehel, despite his appointment and readiness to proceed with the examination of digital evidence, was unable to commence his work due to Mr. Donziger’s lack of cooperation.
Dr. Krehel later testified in court, confirming that he never received possession and access to the devices and accounts necessary to conduct an investigation.
The trial concluded with a contempt conviction against Mr. Donziger, resulting in a 6 months sentence.
About Ondrej Krehel
Dr. Ondrej Krehel is a renowned cybersecurity expert and esteemed professor at Columbia University, where he holds lectures on leadership and cybersecurity. Dr. Krehel is a former CISO and lecturer at FBI Training Academy. He was the founder and CEO of LIFARS, a global leader in digital forensics and incident response. Dr. Krehel previously led forensic investigations and cybersecurity consulting at Stroz Friedberg, encompassing US government engagements and missions, including military cyber special operations.
Get in touch now for expert cybersecurity consulting services or to engage Ondrej for public speaking opportunities.