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Chiquita Bananas Allowed to Fund Terrorists because it is a US company

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Post by veya_victaous Thu Aug 07, 2014 3:46 am

Colombian families whose relatives were massacred by paramilitaries cannot sue the Chiquita Brands fruit company in federal court, the 11th Circuit United States Court of Appeals ruled last week. The victims charged that Chiquita was responsible for the deaths by funding a right-wing paramilitary group.

A panel of judges decided the victims did not have standing in U.S. court, even though the North Carolina-based banana giant pled guilty to U.S. criminal charges in 2007. The victims were claiming potentially billions of dollars in damages from the company.

The ruling was a big victory for the banana giant — and for the rights of American companies to finance international terrorism.

In a general statement sent to ThinkProgress, a Chiquita spokesman said, “Chiquita has long maintained that these cases do not belong in the U.S. courts and that the claims should be dismissed. We are gratified that the U.S. Court of Appeals has now agreed with us.”

As for the families whose loved ones were murdered, Chiquita says it has “great sympathy for the Colombians who suffered at the hands of these Colombian armed groups” but asserts “the responsibility for the violent crimes committed in that country belongs to the perpetrators, not the innocent people and companies they extorted.”

The perpetrators, in this case, are the United Auto-Defense Forces of Colombia (AUC), the paramilitary umbrella group responsible for the most heinous human rights atrocities committed over the course of Colombia’s 50-year armed conflict.

By its own account, Chiquita made at least 100 payments — $1.7 million in total — to the AUC between 1997 and 2004. In the decade prior to that, the company had maintained a similar arrangement with the Revolutionary Armed Forces of Colombia (FARC), the nominally leftist rebel group chased out of the region by the combined (and coordinated) efforts of the AUC and Colombian military.

During that period, Colombia’s banana-growing region became the key battleground in the armed conflict, which had already degenerated into “by far the biggest humanitarian catastrophe of the Western Hemisphere,” in the words of then-UN Undersecretary for Humanitarian Affairs Jan Egeland. Civilian populations throughout the Uraba region– and journalists, labor organizers, human rights advocates, community leaders, and left-leaning politicians, in particular — were targeted as part of a crude but effective paramilitary total war.

http://thinkprogress.org/world/2014/08/02/3466915/chiquita-colombia-ruling/
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Post by Original Quill Thu Aug 07, 2014 4:06 am

I don't understand...I guess I would have to hear more about the causation theory of the lawsuit.

The 11th-Circuit is one of the most conservative appellate courts in the system.  Regardless, usually jurisdiction is always found where the defendant resides.  It is a US company.

But here is the funny thing.  The 11th-Circuit is a deep south court, situated in Atlanta.  If the company resides in North Carolina, wtf are they doing in Atlanta.  North Carolina is 4th-Circuit territory.

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Post by veya_victaous Thu Aug 07, 2014 4:17 am

I understand that If an American company is Killing Innocent foreigners for Profit it is all cool.... apparently

I understand that if YOU or ben were to give $1700 to Isis or even Farq You would enjoy a water boarding holiday in an undisclosed location.

But If you were a Company that needed to get some Natives 'Cleared away' so you can steal their land for Banana Plantations You could give Farq $1.7 Million at it would just be Legally Fine.
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Post by Original Quill Thu Aug 07, 2014 5:01 am

I hear you veya...
(I'm a card-carrying member of Greenpeace,)

But I just don't understand why they were in the 11th-Circuit.  If they were sued in the US because they were an American company, they should have been sued in their state of residence.

I know it's a case about 'minimum contacts,' a la a case called International Shoe.  But Atlanta's in the wrong place. International Shoe held:

Sup.Ct. wrote:A casual presence of a corporation or its agent in a state in single or isolated incidents is not enough to establish jurisdiction. Acts of agents of the corporation, because of the nature, quality, and circumstances of their commission, may be deemed sufficient. Consent may be implied from the corporation’s presence and activities in the state through the acts of authorized agents.

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Post by Ben Reilly Thu Aug 07, 2014 5:36 am

Chiquita and many other corporations have been getting away with this kind of thing for many decades now ... Coca Cola (interestingly, an Atlanta-based company) has been implicated in murdering labor leaders in South America.

A lot of it goes back to Reagan and the CIA of his era, which apparently came to the conclusion that it served the forces of state-backed capitalism more than anything else.
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Post by Ben Reilly Thu Aug 07, 2014 5:36 am

Should point out, though, that the CIA was backing capitalism over democracy much further back than that.
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Post by Original Quill Thu Aug 07, 2014 5:43 am

No, but the Reagan administration was a real booster. And do you know who his CIA Director was?

I've got some great (legal) "war stories" to tell about Nicaragua and the drug trade across the Papago Reservation, south of Tucson.

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Post by Ben Reilly Thu Aug 07, 2014 6:09 am

Original Quill wrote:No, but the Reagan administration was a real booster.  And do you know who his CIA Director was?

I've got some great (legal) "war stories" to tell about Nicaragua and the drug trade across the Papago Reservation, south of Tucson.

Let's see, would that be his future vice president and father of the worst U.S. president in recent history? Smile

Would love to hear some of those stories. Hope you don't mind if I nick them for my fiction endeavors!  ::D:: ::D:: ::D:: 
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Post by Ben Reilly Thu Aug 07, 2014 6:10 am

Sorry, just looked it up and saw it was Casey, actually. Cut from the same branch as Bush Sr., though ...
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Post by Original Quill Thu Aug 07, 2014 4:41 pm

George H. W. Bush was Director of the CIA in January 30, 1976 – January 20, 1977, appointed by Gerald R. Ford.  He set-up and oversaw the operations at Ilopango AFB, Costa Rica, involving cocaine traffic.

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