Text of the Lawsuit
Against Us
Narco
News 2001
January
13, 2001
New Development in the Drug War on
Trial case:
Here, We Publish The
Lawsuit Against Us
Kind Readers,
Recently, Trevor Peterson of Akin, Gump,
Strauss, Hauer & Feld LLP ( tpeterson@akingump.com
) wrote to Narco News and informed us that, as part of his lawyer-lobbyist
firm's lawsuit against us on behalf of BANAMEX, owned by Roberto
Hernández Ramírez, they had posted an Internet
site just for us. (Aw, shucks, Trevor!)
The address of that web page, with a copy
of the lawsuit against us and Exhibits, existed happily on the
Internet until today. There are many witnesses, including reporters,
who were able to download the lawsuit from their site. But, when
today we informed the world that everyone could read the lawsuit
against us and see how huge banks and lawyer lobbyist firms try
to silence journalists and citizens, their web site disappeared
six hours later.
That web page was, from December 19, 2000
until January 13, 2001, at this address:
January 26 Update:
Banamex's attorneys at Akin Gump have put their web site back
up as of today! (It was still down as of yesterday). (They've
changed the address, too, from one that ends ".asp"
to ".htm" We've updated the link.)
We congratulate
them on seeing the light. Get your downloadable copies fast -
before they change their minds again.
We still publish
the full text here, because our site is faster and easier to
read and involves no time-consuming download. However, we encourage
you to view theirs as well so you can see that ours is an exact
copy.
And we maintain
the following text about it's 13-day disappearance as an historical
record of the events that preceded their restoration of their
own site.
In response
to their removal of the site on January 13th, we wrote:
Maybe it's just technical problems? But
it's been down in recent hours. In any case, we give you all
the information that had previously been posted on the Banamex
lawsuit web site here today.
Interesting, because today
we wrote to their Internet provider, Jared Stauffer of Brinkster.com,
asking him to please NOT censor this important web page in the
history the fight for free speech on the Internet.
They must be really proud of themselves
at Akin Gump and at Banamex.
I mean, when somebody files a lawsuit,
he ought to want others to read it.
But tonight, their web page isn't there
anymore.
Not to worry. We thought they might do
that. We wonder if, since they can't censor Authentic Journalism,
maybe they've taken their toy and gone home to censor themselves?
We don't know why they are not proud enough
of their lawsuit to share it with you. Ask
Trevor -- who's really not a bad guy, unlike at least one
of his humorless co-workers -- whether he's proud to represent
a huge bank in trying to silence journalists and citizens.
By contrast, we at Narco News are proud
of all our reports on the drug war from Latin America.
And we are proud to be sued by censorious
and unethical powers from Mexico City to Washington.
And so, in favor of the public's right
to know, once again we share a document with you that the Narco-State
and others don't want you to see.
This is the lawsuit which will be remembered
as the unsuccessful attempt by Roberto Hernández
Ramírez, Banamex and Akin Gump to shut down The Narco
News Bulletin and silence Mexican and US journalists.
This is immediate history, that will someday
be history.
Today it is news.
The Banamex web site that is no longer
there had the following text:
Banco Nacional de Mexico,
S.A. ('Banamex') has filed suit against 1) Mario Renato Mendendez
Rodriguez, 2) Al Giordano and 3) The Narco News Bulletin. That
case is currently pending in the United States District Court
for the Southern District of New York. Banamex has set up this
web page as a means to deliver important documents relating to
the the lawsuit to the defendants in the case. Clicking on the
links below will display the documents and permit the user to
save them, if desired. Please note that in order to view these
papers, you must have the Adobe Acrobat Reader, as they are in
.PDF format. You can obtain the Acrobat Reader FREE from www.adobe.com.
And then it had downloadable copies of
this lawsuit and the Exhibits (A through I) that it had attached
to its high-powered but low-impact effort to censor, harass and
intimidate us.
Although this lawsuit contains accusations
against us that are knowingly false and malicious on the part
of Banamex and Akin Gump -- especially an accusation that our
motive for reporting on the drug trafficking activities on Roberto
Hernández's coastal properties was "a scheme to extort
money from Banamex" (they offer ZERO proof, evidence or
even an explanation of this untrue and actionable claim on their
parts) -- we at Narco News feel that sunlight is the best disinfectant.
We urge our readers to review the exhibits
-- links are provided to all of them below -- to view them, all
of them, as parts of a larger body of work. Pay close attention
to those sentences that Banamex/Akin Gump have censored with
elipses (noted by the use of three periods together as in: ...
). It is precisely THE WHOLE TRUTH that the censors want to steer
you away from.
We also insist that any other media that
quotes the knowingly false and malicious statement that we engaged
in any scheme of extortion against anyone print the following
response from our publisher:
"We are not in the
business of extortion; we publish the facts about the drug war
and the narco-system without protecting anyone. And the proof
that their claim is untrue is that Hernández, Banamex
and Akin Gump provided no explanation, nor evidence, nor exhibit,
of that knowingly false and malicious statement. They won't accuse
us of that crime outside of the protected speech of a courtroom
because they know it is untrue. Call them and ask them to repeat
it. They won't, because they know that their statements, not
ours, are the only libel or slander associated with this case,
and they, not us, are the guilty parties.
"They have no ethics.
We do have ethics, and we look forward to the facts and the truth
coming out in court."
Also, review the entirety of the online
book that is Narco News, which provides important context for
the stories about governments and media that protected Roberto
Hernández Ramírez. Our stories on Plan Colombia,
on Bolivia, on drug money in the US presidential campaign, on
the behavior of public officials and powerful individuals and
companies, including some of the banks that compete with Banamex,
reveal that our coverage has been even-handed and non-partisan
to any political party or financial interest.
And so tonight we shine our light, bright
and proud, upon this sleazy, unethical, immoral and untrue lawyer-lobbyist-banker
conspiracy to destroy us.
They have already lost in their attempt
to silence us.
They have only made us stronger.
We will have more interesting news for
Akin, Gump, Strauss, Hauer and Feld LLP, and its clients, and
for our readers, in the coming days.
(We suggest that the humorless slash-and-burn
artist of Akin Gump, Tom McLish, bring Bob Strauss into the decision-making
process, because McLish has been embarrasing the firm in Strauss's
name. And Strauss knows the drug war is a farce.)
The Lawsuit, titled "Banamex vs.
Mario Renato Menéndez Rodríguez, Al Giordano and
The Narco News Bulletin," will go down in history as one
of the battles we won as we advance forward -- arm in arm with
so many others, including our readers for whom we exist -- to
defeat the entire Narco-System and its bastard child, the War
on Drugs.
The text of this lawsuit is now preserved
at:
http://www.narconews.com/narcolawsuit.html
So that current and future generations
may know that money and power do not buy justice, and that even
a little web site, with no bank account nor profit motive, can
fight and win against the most powerful and corrupted interests,
we hereby publish the entire text of the lawsuit filed against
us.
We trust that our readers can sift between
truth and lies, between right and wrong, between censorship and
Free Speech.
If anyone has any doubt, we recommend
they start camping outside the courthouse in New York: there
could be a very long line on Pearl Street of those who want to
hear the truth, the whole truth, and nothing but the truth about
the drug war in our América and the Narco-System for which
it stands.
As Victor Hugo said, there is no army
(or bank, or lawyer-lobbyist firm, or narco-system) that can
stop an idea whose time has come.
That time is now.
From somewhere in a country called América,
Al Giordano
Publisher
The Narco News Bulletin
Enc: Text of Banamex v. Menéndez,
Giordano and Narco News
See also:
SOUTHERN DISTRICT OF NEW YORK
BANCO NACIONAL de MEXICO, S.A.
Plaintiff,
V.
MARIO RENATO MENÉNDEZ RODRIGUEZ,
AL GIORDANO, and THE NARCO NEWS BULLETIN
CASE NUMBER: 00 Civ. 8941 (HB)
Filed August 9, 2000
COMPLAINT
Plaintiff Banco National de Mexico, S.A. ("Banamex"),
by and through its undersigned counsel, for its Complaint against
Defendants Mario Renato Menéndez Rogriguez ("Menéndez"),
Al Giordano ("Giordano"), and The Narco News Bulletin
(collectively, "Defendants"), states as follows:
NATURE OF THE ACTION
1 . This is an action for defamation and interference with
prospective economic advantage, arising out of a coordinated
campaign by Defendants to impugn Banamex and the management of
its business through knowing false statements of fact. In a series
of personal appearances in New York, and in writings that originated
here, Defendants have maliciously smeared Banamex with accusations
that, among other things, it is controlled and operated by narcotics
traffickers and has engaged in illegal activity. Defendants'
assertions, which are provably false, have caused Banamex to
suffer serious damage to its reputation, including pecuniary
harm. Banamex brings this action to clear its name in New York
of the Defendants' false and malicious accusations, and to recover
compensation for its injuries.
PARTIES
2 . Plaintiff Banco National de Mexico, S.A. is a foreign
corporation organized under the laws of Mexico, with its principal
place of business located in Mexico. It is a privately held bank,
is among the largest banks in Mexico, and is popularly referred
to as Banamex. Banamex is a wholly owned subsidiary of Grupo
Financiero Banamex-Accival, a corporation also organized under
the laws of Mexico. Banamex is authorized to and conducts business
in New York through its New York Agency, which is located in
this county.
3. Upon information and belief, Defendant Menéndez
is a citizen of Mexico. Menéndez is the editor and publisher
of a newspaper called Por Esto! Por Esto! publishes a printed
edition and an online edition that is accessible in New York
via the World Wide Web.
4 . Upon information and belief, Defendant Giordano is a
citizen of Massachusetts. Defendant Giordano is the editor and
publisher of Defendant The Narco News Bulletin. At all times
relevant to this Complaint, Defendant Giordano was an agent of
The Narco News Bulletin.
5. Defendant The Narco News Bulletin is a monthly online
publication that appears on the World Wide Web at www.narconews.com.
Upon information and belief, The Narco News Bulletin is published
from New York, and is registrant of the Internet domain name
www.narconews.com, at the address P.O. Box 20743, New York, New
York 10009. The Narco News Bulletin is affiliated with organizations
in New York that raise funds for Giordano's writing and publishig
activities. The Narco News Bulletin claims to have been read
by hundreds of thousands of persons since it began publishing
in early 2000. Upon information and belief, many of those readers
reside in New York.
6. Defendant Giordano authors virtually all of The Narco
News Bulletin's content. Through its agent Giordano, The Narco
News Bulletin is vicariously liable for all false and defamatory
statements made by Giordano in The Narco News Bulletin and is
directly liable for the false and defamatory statements it publishes.
FACTS
7. Founded in the nineteenth century, Banamex is one of the
oldest, most respected, and largest banking institutions in Mexico.
It has been and is in full compliance with all rules and regulations
applicable to credit institutions in Mexico, including requirements
that its management be of high moral quality. Pursuant to the
laws of Mexico, the management of Banamex is entrusted to a Board
of Directors and a General Director. At Banamex, the positions
of Chairman of the Board of Directors and General Director are
held by the same person, Roberto Hernández Ramirez ("Hernández"),
and Hernández has occupied those positions at all times
relevant to this Complaint. Hernández is also the majority
owner of Banamex. Accordingly, Hernández is the person
most closely associated with Banamex and its business management
and operations.
8. Banamex expends substantial resources to service and maintain
good customer relationships and to develop good customer relationships,
including through public relations and advertising activities.
Its efforts have been successful in making it one of the most
respected banking institutions in Mexico, with one of the largest
customer bases. Banamex thus has a reasonable expectation that
its relationships with customers will continue and grow.
9. In or around March of 2000, Defendant Menéndez
came to New York and, in a series of joint appearances in this
jurisdiction with Defendant Giordano, gratuitously and maliciously
libeled and slandered Banamex, falsely portraying it as being
in the control of a criminal drug trafficker. This accusation
is demonstrably false, and Menéndez knew it to be false
when he made the statement. At these appearances, Giordano made
the same false assertions, also knowing them to be false.
10. Since then, Defendant Giordano has written, and Defendant
The Narco News Bulletin has published, a series of false and
defamatory articles about Banamex and its chairman and principal
owner. Describing it as "the Banamex story," the Narco
News Bulletin articles have falsely asserted and implied that
(a) Banamex was purchased and is funded with the proceeds of
illegal drug trafficking, (b) Banamex is controlled and managed
by a criminal drug trafficker, (c) Banamex maintains a favored
position with the government of Mexico, including law enforcement
authorities, through bribery with money illegally obtained from
drug trafficking, and (d) incontrovertible proof exists that
Banamex's president and chairman is involved in drug trafficking.
In addition, some of these articles repeated and republished
false and defamatory statements Defendant Menéndez made
about Banamex while in New York.
11. The Defendants' assertions about Banamex are false. Neither
Banamex nor its Chairman and General Director are or ever have
been engaged in illegal drug trafficking. Banamex was not purchased
with the proceeds of drug trafficking, nor is it funded with
such money. Banamex is not controlled or managed by individuals
who are or ever have been drug traffickers. Banamex does not
and has not used bribery as a means of escaping liability for
alleged drug trafficking. There is no proof, much less incontrovertible
proof, that Banamex or its Chairman and General Director are
drug traffickers. Indeed, after reviewing the Defendants' supposed
evidence, The New York Times's correspondent in Mexico City publicly
stated that Defendants' claim is "the stupidest thing I've
ever heard."
12. Both Menéndez and Giordano claim to have personally
investigated and verified their defamatory allegations against
Banamex, and each of them claim personal knowledge that their
allegations about Banamex are true. These claims are also false.
Indeed, the allegations against Banamex had been thoroughly refuted
at the time Defendants made the statements complained of herein,
and Defendants were aware of the true facts. Defendants' statements
were made with knowledge of their falsity and with reckless disregard
for the truth.
13. Defendants agreed to work together and have worked in
concert to publish false and defamatory statements of and concerning
Banamex. They have performed overt acts in furtherance of their
agreement, including arranging to appear jointly at a conference
at Columbia University School of Law and in radio broadcasts
to publish their false and defamatory statements about Banamex
and repeating and supporting each other's defamatory statements
in their respective publications and web sites.
14. Upon information and belief, Defendants made these false
and defamatory statements to injure Banamex in its trade and
profession, and as part of a scheme to extort money from Banamex.
15. The New York Times's former
Mexico City correspondent has been quoted as saying that
the Defendants' allegations of drug trafficking against Banamex
are "so silly that no one's ever paid any attention to them."
Nonetheless, Defendants' false statements have injured Banamex's
business reputation and exposed it to contempt, aversion, and
the grave consequences under United States law that can befall
a financial institution that is suspected of associating with
narcotics traftickers or engaging in narcotics trafficking. Defendants'
wrongful conduct has caused Banamex actual damage. Specifically,
Defendants knew of Banamex's relationship with its customers
and sought to interfere in these relationships to cause Banamex
harm. As a result of the publication of Defendants' false and
defamatory statements, Banamex has lost existing and prospective
customers and customer goodwill.
THE DEFAMATORY STATEMENTS
I. The Village Voice Article
16. Upon information and belief, in February 2000, Menéndez
granted an interview to Cynthia Cotts, a New York-based reporter
for The Village Voice, a New York publication. Menéndez
falsely asserted to Cotts that Banamex's Chairman and General
Director is a "narcotics trafficker," knowing that
assertion to be false and with reckless disregard for its truth
or falsity, and knowing that Cotts intended to publish that false
statement in The Village Voice. In the February 23-29, 200O issue
of The Village Voice, Cotts published Menéndez's statement
that Hernández, whom Cotts wrote "owns Banco National
de Mexico (Banamex)," is a "narcotics trafficker."
Upon information and belief, Menéndez spoke to Cotts
and made the false and defamatory assertion about Banamex and
its Chairman and General Director for the purposes of promoting
his newspaper and drawing attention to an upcoming promotional
trip to New York.
17. On or about March 2, 2000, Defendants Menéndez
and Giordano jointly participated in a radio broadcast on the
"Let 'em Talk" radio show on WBAI, 99.5 FM in New York
City, New York. The purposes of their appearance on the broadcast
included promoting Menéndez's newspaper Por Esto!; promoting
Giordano's publication The Narco News Bulletin; seeking financial
support for their business endeavors, including Por Esto! and
The Narco News Bulletin; and promoting the Defendants' appearance
at a conference to be held at the Columbia University School
of Law shortly thereafter.
18. On the broadcast, Defendant Giordano made false assertions
of fact to the effect that Banamex's Chairman and General Director
is a drug trafficker and money launderer and that there is photographic
and other documentation that proves these allegations. Defendant
Giordano's comments included the following:
Giordano:
…I read in Mr. Menéndez's daily newspaper, Por
Esto! that the host of the anti-drug summit between the two presidents,
Clinton and Zedillo, was the most powerful banker in Mexico,
who himself was a money launderer and a drug trafficker. And
Por Esto! went further than just saying that he was a money launderer
and drug trafficker, they went and took pictures of the cocaine
on his properties - a very dangerous job his reporters did; they
are very valiant journalists. Pictures of the cocaine containers
washed up on his beaches, the 43 kilometers of pristine beaches
and Mayan ruins that this man has bought up. His name is Roberto
Hernández; he is the president of the National Bank of
Mexico, or Banamex.
…We are here with somebody who is involved on the front
lines of an international battle that has grave consequences,
and he needs our support here in New York and here in the United
States of America so that the Mexican government and the U.S.
government understand that the American people are behind people
who tell the truth, like Mario Menéndez.
…And these things that my favorite philosophy graduate
is saying here, that Mario Menéndez is saying, is that
these are not invented. He has published the photos. He has published
the eyewitnesses. He has published the testimony. In this three-part
series, there were 40 different photos proving this. And the
photos don't lie.
19. Defendant Giordano, by these statements, intended to
convey, did convey, and was reasonably understood by the audience
of the radio program as conveying that the Chairman and General
Director of Banamex is a drug trafficker and money launderer,
that Banamex is thus controlled by drug traffickers and money
launderers, that photographic, testimonial and eye witness proof
substantiates these allegations, and that these allegations are
the "truth," and have been "prov[ed]." These
assertions of fact are false and defamatory. Defendant Giordano,
who later claimed to have personally investigated these allegations
and determined them to be true, knew that these assertions were
false when he made them, and he made them with reckless disregard
for the truth.
20. Defendant Menéndez was present when these statements
were made, and, despite, knowing them to be false when made,
remained silent and thereby ratified and confirmed Defendant
Giordano's false and malicious statements.
III. The Columbia University School of Law Conference
21. Prior to the radio broadcast, Defendants Menéndez
and Giordano had jointly arranged to participate in, and on or
about March 4, 2000, did jointly participate in, a conference
held by the Latin American Law Students Association on the premises
of Columbia University School of Law in New York City. A sizable
audience of students and other members of the public attended
the conference. During the conference, Defendants Menéndez
and Giordano again falsely and maliciously portrayed Banamex's
Chairman and General Director as a drug trafficker, and again
falsely and maliciously represented that irrefutable evidence
exists to support that conclusion.
22. Defendant Giordano asserted at the conference that Banamex's
Chairman and Genera1 Director is "a key drug trafficker"
who imports "hundreds of tons of Colombian cocaine by boat
onto his properties . . . and then by airplane towards the United
States off [his] private airfield." Giordano further asserted
that "documentation" exists establishing the truth
of these assertions.
23. At the conference, Defendant Menéndez then falsely
and maliciously purported to describe details of drug trafficking
by Banamex's Chairman and General Director and Menéndez's
role in the "discovery" of that alleged drug trafficking:
Menéndez:
…the one that is heading the traffic of drugs is the
chief owner, general director, and a very close friend to President
Ernesto Zedillo. And we are talking about the National Bank of
Mexico director, Roberto Hernández-Ramirez. That was a
big problem. Well, we went there. We stayed 10 days with the
respective 10 nights, and we saw what was happening there. Freely,
once, twice, and three times a day you have these boats - 28-,
29-feet long -guided by satellites with two powerful Yamaha motors
that will leave the Colombian coast at the north part. Those
are the Yamaha, the boats [referring to photographs]. Every boat
it had -it takes about 1.2 tons of cocaine up to 1.6 tons of
cocaine. All that cocaine, twice or three times a day, we are
speaking of the end of 1996 and the beginning of 1997, would
arrive to the coast of Quintana Roo, upper left [referring to
photograph]. It would leave the Colombian coast from the north,
and in 22 hours will be in Mexican territory. That cocaine was
loaded in Roberto Hernández-Ramirez's land, and taken
by airplanes, by bigger boats, and by trucks up to the United
States frontier. . .
…We found the drug in Roberto Hernández's land,
and we published the photos of Roberto Hernández property
with drugs. Now we went to see to check with ministerial authorities.
We asked them if it belongs to Roberto Hernández, and
they told us, "yes." That was a very terrible crime.
So we published this. Look at the drug [referring to photographs].
That was published. In Mexico, if you find a human being with
two grams of cocaine they grab him, and we send him to jail.
Now you have a big banker, that owns the biggest bank in Mexico,
with a very close friendship with the President of Mexico, we
show all that, and nothing happens.
…And we had all those proofs, but Roberto Hernández
pays big sums of money, and he said that the proof that nothing
was real except the Mexican magazines, newspapers, TV, radio,
kept silence for these accusations.
24. Later in the conference, Giordano represented that he
had personally investigated the assertions made in Por Esto!
of drug trafficking by the "narco banker" Hernández,
and confirmed that they were "pretty convincing."
25. By their statements during the conference at the Columbia
University School of Law, Defendants Menéndez and Giordano
intended to convey, did convey, and were reasonably understood
by the audience of students and other members of the public as
conveying that Banamex is controlled by a criminal drug trafficker,
that there is photographic and other proof of this, and that
the Banamex Chairman and General Director bribed government officials
to avoid scrutiny of his drug trafficking activities and bribed
the traditional media for their silence. These assertions of
fact are false, malicious and defamatory, and Defendants Menéndez
and Giordano knew them to be false when made, or made them with
reckless disregard for the truth.
IV. The Narco News Bulletin Articles
26. In a series of subsequent articles in his online publication
The Narco News Bulletin, Defendant Giordano repeated and expanded
upon this false, malicious and defamatory portrayal of plaintiff,
referring to the articles generally as "the Banamex story."
27. Although Giordano's articles sometimes credited Defendant
Menéndez as the source for the allegation that Banamex's
Chairman and General Director is and has been a criminal drug
trafficker, Defendant Giordano claimed that he also had personally
investigated Menéndez's allegations for three months,
and personally confirmed them to be true "beyond a reasonable
doubt."
Giordano stated:
Of course I had to consider the distinct possibility that
the story was not true. And so I dedicated the next three months
to researching and investigating the story. I listened to all
sides.
The preponderance of the evidence eventually converted into
what lawyers call "beyond a reasonable doubt." Indeed,
the banker was a drug trafficker, and, more startling, the U.S.
Ambassador to Mexico and the White House knew it when they agreed
to hold the "anti-drug" summit on his land.
28. Thus purporting to have personally investigated and confirmed
the facts, Giordano repeatedly published articles in The Narco
News Bulletin asserting falsely and maliciously that Banamex's
Chairman and General Director is a "drug trafficker,"
a "major cocaine trafficker," a "narco-banker,"
a "narcotraficante, " "the financial engineer
of the Gulf Cartel," " engaged in the lucrative cocaine
trade," and "involved at the highest levels of drug
trafficking." Giordano falsely and maliciously portrayed
Banamex as having been purchased by Hernández with the
profits from criminal drug trafficking, declaring, for example,
that "Roberto Hernández purchased [Banamex] with
narco-money." In addition, Giordano repeatedly asserted
falsely and maliciously that the accusation that Roberto Hernández
is involved in drug trafficking is true and "irrefutable."
Giordano made these statements knowing them to be false or with
reckless disregard for the truth.
29. On or about May 22,2000, Giordano published in The Narco
News Bulletin an article, translated from Spanish to English,
that Defendant Menéndez had written and previously published
in Por Esto! In this article, Menéndez repeated false,
malicious and defamatory statements he made to various audiences
in New York during his visit in March 2000, including the Columbia
University conference described above. The article falsely and
maliciously asserted that Banamex's Chairman and General Director
is a criminal drug trafficker, and falsely claimed that this
allegation is supported by "irrefutable proofs":
Mario Renato Menéndez Rodriguez, guest of the Columbia
Law School, said before professors, students, university leaders,
journalists, clergy, artists and former prisoners of conscience
that the charges and analysis made by Por Esto! about drug trafficking,
made systematically and naming names, together with documents,
testimony, hard and irrefutable evidence, was initiated [sic]
in December 1996.
. . . Who in the United States could attain a fortune of
billions of dollars as rapidly as the Salinas-backed neo-banker
Roberto Hernández Ramirez achieved in five years?
"No one," was the editor's response.
--
Mario Renato Menéndez Rodriguez said that the Attorney
General of the Republic and the National Information Center (CISEN,
Mexico's domestic spy agency), are coordinated and directed from
the Mexican presidency to defend and protect the economic interests
of President Ernesto Zedillo. They, and a few remaining members
of the neoliberal leadership, between who's figure with manifest
priority Roberto Hernández Ramirez, move on the Yucatan
peninsula and walk with recognized delinquents, psychologically
unstable officials, opportunists and resentful politicians incapable
of seeing "beyond their own noses."…
This explains why, save for some very honorable exceptions,
corruption and depravity are the constant qualities of these
personalities whom, in front of the media, speak of morals, ethics,
law and rights. But their daily activities are marked with insolence,
abuse of power and cynicism. They orchestrate truly criminal
acts against economic and political adversaries of the President
of the Republic. They are also serving the United States empire.
Because these officials of the Attorney General-FEADS-CISEN,
said the Yucatan journalist, are just as much at the service
of drug trafficking and are compensated amply with millionaire
sums of money.
"The confluence of terror with hatred and perversity,"
Mario Renato Menéndez Rodriguez reiterated, "is put
into practice to try and distract the attention of national and
international Public Opinion from the high-class delinquents,
those 'white collar' criminals, the real responsible culprits
in drug trafficking who are precisely those that order and direct
that operations 'against' drug trafficking - the operatives of
the Attorney General and of the FEADS."
--
The Yucateco journalist explained in New York that there
is no accusation made by Por Esto! about drug trafficking on
the Yucatan Peninsula that is not backed by irrefutable proofs,
testimonies, documents, photos and graphic material…
--
The Yucateco journalist recognized that the hatred toward
Por Esto! by the traitors of Mexico was sharpened by what is
known as the "Cancún Case" due to the following
facts:
- The unmasking of the criminal activities, connected with
drug trafficking, and the criminal complaint tiled by Por Esto!
against Roberto Hernandez Ramirez, chief stockholder and CEO
of BANAMEX-ACCIVAL, who enjoys a very close relationship with
President Ernesto Zedillo. . .
By these statements, Defendants intended to convey, did convey,
and were reasonably understood by the readers of Por Esto! And
The Narco News Bulletin as conveying that Banamex is controlled
by a criminal drug trafficker, that there is "irrefutable"
proof that this accusation is true, and that Banamex's Chairman
and General Director made the money with which he purchased Banamex
through drug trafficking. These assertions of fact are false
and malicious, and Defendants either knew them to be false when
made or made them with reckless disregard for their truth or
falsity.
30. In an article published by The Narco News Bulletin on
or about June 15, 2000, Defendant Giordano again falsely and
maliciously portrayed the "Banamex CEO" as a criminal
cocaine trafficker and declared that he had purchased Banamex
with illegal drug profits:
Today we look at the white-collar drug trafficking class
of Mexico, those who consolidated their control over that country's
piece of the narco under Presidents Salinas and Zedillo, Bush
and Clinton.
Some of these men - like BANAMEX CEO Roberto Hernández
Ramirez - are rags-to-riches stories. Hemández, according
to Forbes magazine, could not afford to finance an American Express
credit card in 1980. Today he earns the largest annual salary
in Mexico -reported as $29 million dollars - and is a billionaire
presiding over Mexico's top banking institution.
Other political businessmen, like . . .BANAMEX co-owner Alfred0
Harp He16 appear with Hernández on the Forbes list. The
first three have been widely implicated in narco-money, and the
bankers all own banks in which officials have been arrested for
drug money laundering.
Former Mexican President Carlos Salinas de Gortari is not on
the Forbes list but there is considerable evidence that he ought
to be.
--
A review of recent history:
Salinas became president through a massive and corrupt act
of election fraud…
During his term he privatized the banking industry. And he
sold the banks to men who were not bankers: Roberto Hernández,
…and Alfredo Harp Helu were no more professional bankers
than TV Azteca owner Ricardo Salinas Pliego . . . was a professional
journalist.
--
The single-biggest winner in the wave of bank privatizations
was Roberto Hernández Ramirez, who received the largest
prize of all: BANAMEX, the National Bank of Mexico. He and his
team of investors paid roughly one billion US dollars for BANAMEX.
. .
Where did this group of neo-bankers obtain the capital to
purchase these banks? It will never be known. A suspicious tire
in the federal treasury department destroyed all the documents
pertaining to the bank sales. But the tracks have not been entirely
charred or covered.
Roberto Hernández and others purchased the nation's banks
with narco-money.
--
Roberto Hernández had been, according to the newspaper
Por Esto!, the financial engineer of the Gulf Cartel, launched
in the 1980s by Juan N. Guerra and based in the Texas border
city of Matamoros, Tamaulipas. The Hernández narco-trafficking
story has been widely explored by Por Esto! since its first report
on December 16, 1996, and also by The Narco News Bulletin.
And yet Hernández quickly surpassed the legendary
drug-trafficker Juan N. Guerra, who remained a kind of narco-ecologist:
Guerra's primary product was marijuana. Hernández entered
the lucrative cocaine trade, as documented by the photos of cocaine
trafficking on his Caribbean beachfront properties.
--
The story does not, of course, end there. More clear, now
than ever, is the role of some of these magnates - like the Banamex
owner Hernández and the Carlos Hank family - at the highest
levels of drug trafficking.
By these statements, Defendant Giordano and Defendant The
Narco News Bulletin intended to convey, did convey, and were
reasonably understood by the readers of The Narco News Bulletin
as conveying that Banamex is controlled and managed by a criminal
drug trafficker and that Banamex was purchased with profits from
the illegal cocaine trade. These assertions of fact are false,
malicious and defamatory, and Defendants knew them to be false
when made, or made them with reckless disregard for the truth.
31. In an article published on or about May 15, 2000, Defendant
Giordano wrote:
It was Menéndez who exposed that the host of the Clinton-Zedillo
drug summit is himself a major cocaine trafficker.
Por Esto! had a banner headline with the name of the powerful
banker who hosted the presidential anti-drug summit. It said:
"Roberto Hernández Ramirez: Narcotraficante."
There were photographs, dozens of them, of cocaine, of once-pristine
beaches littered with cocaine containers, of the dead body of
a narco-sailor washed upon the shore, of a private airfield on
the banker's beachfront properties... all supported by witness
testimony, documents, facts, and something that one rarely sees
in the US media: historic memory. The article was part of a three-part
series that Por Esto! ran on that Valentine's Day weekend of
'99.
The implication was staggering: if the United States President
was holding an "anti-drug" summit at the hacienda of
a man publicly accused for over two years of drug trafficking,
then the US war on drugs had reached a new level of impunity
and immunity in the press corps.
Of course, I had to consider the distinct possibility that the
story was not true.
And so I dedicated the next three months to researching and
investigating the story. I listened to all sides. I even listened
to NY Times correspondent Sam Dillon when he called me one day
out of the blue to find out what I had learned and, as explained
in a related story in Narco News today, made a threat to use
his power to destroy my credibility and that of the Por Esto!
publisher. Ironically, it was Dillon's unsolicited phone call
that caused me to drop all other stories I was investigating
and devote my time exclusively to the case of the presidential
host.
The preponderance of the evidence eventually converted into
what lawyers call "beyond a reasonable doubt." Indeed,
the banker was a drug trafficker, and, more startling, the US
Ambassador to Mexico and the White House knew it when they agreed
to hold the "anti-drug" summit on his land.
By these statements, Defendant Giordano and Defendant The
Narco News Bulletin intended to convey, did convey, and were
reasonably understood by readers of The Narco News Bulletin as
conveying that Banamex is controlled and managed by a criminal
drug trafficker. These assertions of fact are false, malicious
and defamatory, and Defendants knew them to be false when made,
or made them with reckless disregard for the truth. Indeed, Defendants
had no photographs of cocaine on Hernández's property.
32. In another article published on or about June 13, 2000
by The Narco News Bulletin, Giordano referred to the "Banamex
owner and presumed drug trafficker Roberto Hernández Ramirez"
and asserted that a Mexican television company is "linked
to narco-money" because it is partly owned by Hernández.
By these statements, Defendant Giordano and Defendant The
Narco News Bulletin intended to convey, did convey, and were
reasonably understood as conveying that Banamex is controlled
and managed by a criminal drug trafficker. These assertions of
fact are false, malicious and defamatory, and Defendants knew
them to be false when made, or made them with reckless disregard
for the truth.
33. In an article published by The Narco News Bulletin on
or about May 28, 2000, Defendant Giordano again falsely depicted
Hernández as a drug trafficker. Identifying Hernández
as the "owner of Banamex," Giordano repeatedly described
him as a "narco-banker," referred to supposed "published
photographs and a major investigative report on cocaine trafficking
in the Caribbean beachfront properties of Roberto Hernández
Ramirez," referred to "Mr. Hernández's cocaine
trafficking," and indicated that "the people of the
Yucatán peninsula widely considered the presidential host
[Hernández] to be a major drug trafficker." Giordano
also referred "to the cocaine trafficking in the Mr. Hernández's
properties -complete with private airfield and 43 kilometers
of beaches for Colombian cocaine boats to enter. . .."
By these statements, Defendant Giordano and Defendant The
Narco News Bulletin intended to convey, did convey, and were
reasonably understood by the readers of The Narco News Bulletin
as conveying that Banamex is controlled by a criminal drug trafficker
and that there is photographic and other proof of this. These
assertions of fact are false, malicious and defamatory, and Defendants
Giordano and The Narco News Bulletin knew them to be false when
made, or made them with reckless disregard for the truth.
34. On or about July 9, 2000, in another article published
by Defendant The Narco News Bulletin, Defendant Giordano yet
again identified the Banamex Chairman and General Director as
'a "narco-banker" and a "narcotraficante",
called his property (described as "the property of Roberto
Hernández, president of the banking group Banamex-Accival")
"narco property" and "the cocaine Peninsula",
and referred to "the cocaine trafficking operation on Hernández
properties." He stated that "the Caribbean beachfront
properties of banker Roberto Hernández Ramirez, of BANAMEX
and the Forbes list, are operating as a key entry point for hundreds
of tons of South American cocaine" and published photos
with the following captions:
1. Por Esto! Reporters inside Roberto Hernández properties
in 1996, investigating what local fishermen reported as a huge
cocaine trafficking operation protected by the owner. The cocaine
boats entered by night into these estuaries and unloaded their
illicit cargo, later to be sent North to the US in small airplanes…
3. The private airfield from which small planes fly north
on Hernández properties "without any governmental
oversight."
4. 200 kilos of cocaine seized on "Punta Pajaros",
owned by Hernández, the exact place where Mexico's President-Elect
chose to spend his vacation 120 hours after winning the July
2,200O elections, as guest of the banker Hernández.
By these statements, Defendant Giordano and Defendant The
Narco News Bulletin intended to convey, did convey, and were
reasonably understood by the readers of The Narco News Bulletin
as conveying that Banamex is controlled by a criminal drug trafficker,
and that the truth of this assertion is proved by photographic
evidence. These assertions of fact are false, malicious and defamatory,
and Defendants Giordano and The Narco News Bulletin knew them
to be false when made, or made them with reckless disregard for
the truth.
35. Defendant Giordano, in that same article, also conveyed
that Banamex and/or its Chairman and Genera1 Director attempted
to bribe a Por Esto! reporter to refrain from publishing further
allegations and to discredit the allegations of drug trafficking
and money laundering previously made by Defendant Menéndez
and Por Esto! against them, and also that bribes were made to
other reporters for their silence and/or support:
February 1997: Por Esto! journalist Renan Castro is offered
a bribe of $300,000 US dollars to denounce and discredit the
story. An authentic journalist, he refuses the payment and continues
his investigations.
--
One wonders, what would a "high-level" journalist
do if offered $300,000 US dollars to squash a story? Would he
or she refuse such a handsome sum of money as Castro did? And
if the market was offering $300,000 US dollars to a Mexican newspaper
reporter to silence this story, what might be the price of a
"higher level" journalist?
These assertions of fact are false and defamatory, and Defendants
Giordano and The Narco News Bulletin knew them to be false when
made, or made them with reckless disregard for the truth. Indeed,
Neither Banamex nor Hernández nor anyone associated with
them bribed or attempted to bribe any news reporters.
36. Further, Defendants have also used their publications
to falsely and maliciously assert that the Banamex Chairman and
General Director has illegally destroyed Mayan archeological
sites and treasures. For example, on or about July 9,2000, Defendants
Giordano and The Narco News Bulletin, in the same article described
above, published the following:
Especially irritating to the Maya indigenous populations
is the destruction of the ancient ceremonial center of Chat Moo1
by the cocaine trafficking operation on Hernández properties,
and the environmental disaster caused by cocaine trafficking
garbage that is left upon the formerly pristine Caribbean beaches
in the Sian Ka'an Protected Nature Reserve.
[Description of photo] Chac Mool, ancient Mayan ceremonial
center (300 a.d.) that has sustained serious damage since the
narco-banker Hernández bought the property.
These assertions of fact are false, malicious and defamatory,
and Defendants made these false assertions of fact knowing them
to be false: and with reckless disregard for the truth.
37. Defendant Giordano, in an article published in Defendant
The Narco News Bulletin on or about June 22,2000, falsely and
maliciously asserted that Banamex was involved in an illegal
scheme to launder money in connection with the recent presidential
election campaign in Mexico:
Mexican banking and business institutions can also be found
on this money-laundering route: BANAMEX, Bancomer, Bital, and
TV Azteca, which received around $90,000 US Dollars through this
scheme for Fox campaign TV ads, but from other sources than the
Fox campaign. All of them are owned by key players in the New
Mexican Oligarchy. Not only did they set Fox up to knock him
down, but they all made money off the deal.
--
How can the July 2,200O vote possibly be defined as free,
fair and transparent, now that it is revealed that the same financial
interests - Citibank, Banamex, TV Azteca, etc. - implicated in
drug money laundering by PRI officials, can now be found along
the money laundering trail of Fox and the PAN.
These assertions of fact are false, malicious and defamatory,
and Defendants Giordano and The Narco News Bulletin knew them
to be false when made, or made them with reckless disregard for
the truth.
38. Giordano and The Narco News Bulletin republished another
article that also made false allegations that Banamex's Chairman
and General Director uses his alleged drug money to woo politicians,
the latest being Vicente Fox, and help them gain power, to then
use their power to protect him and his drug trafficking operations.
For example, the article stated:
And now we already know, also, that the vote of refusal against
the PRI served so that Roberto Hernández can continue
enjoying his personal island -with or without snow of ail flavors
and types - so that his fortune is saved from any possible contingency,
so that he will never be investigated by any authority, so that
the worst of our political reality will be maintained.
We voted in favor of the drug traffickers' choice?
The article's factual allegations are false, malicious and
defamatory, and Defendants Giordano and The Narco News Bulletin
republished this article knowing the factual allegations made
therein to be false, or with reckless disregard of the truth.
CAUSES OF ACTION
COUNT I
LIBEL
(Against all Defendants)
39. Banamex repeats and incorporates by reference, as if
fully set forth herein, the allegations in paragraphs 1 through
38 above.
40. In the statements set forth in paragraphs 16, 18,22-24,27-38,
supra, Defendants repeatedly, and in a coordinated effort, made
explicit false and defamatory assertions of fact of and concerning
Banamex. These false statements were published to large audiences
of individuals who understood Defendants' false assertions of
fact to be about Banamex and understood them in their defamatory
sense to impugn Banamex in its occupation and business.
41. The false and defamatory statements were not privileged,
and Defendants published the statements knowing they were false,
and/or with reckless disregard for the truth.
42. By the false and defamatory statements, Defendants imputed
to Banamex the commission of a criminal offense or criminal offenses
and exposed Banamex to contempt and disgrace, causing it to be
shunned and avoided in its occupation and business relations.
43. Defendants, by the false and defamatory statements, have
impugned Banamex's business management and its integrity and
have negatively affected public confidence in Banamex, thereby
directly injuring Banamex in respect to its trade and business.
These statements have deterred present and potential customers
and business partners from conducting business with Banamex.
44. The publication of the false and defamatory statements,
proximately, and by natural consequence, caused actual damage
to Banamex. As a direct and proximate cause of Defendants' wrongful
acts, Banamex has suffered and will continue to suffer damage
to its reputation, income, and relationships with its existing
and prospective customers, business partners, and others.
45. Defendants purposefully and maliciously defamed Banamex
in order to harm Banamex in its trade and profession, and as
part of a scheme to extort money from Banamex.
46. Accordingly, Defendants Menéndez, Giordano and
The Narco News Bulk-tin have committed the tort of libel per
se against plaintiff and are liable to plaintiff for the damages
caused thereby, as well as punitive damages.
COUNT II
SLANDER
(Against Defendants Menéndez and Giordano)
47. Banamex repeats and incorporates by reference, as if
fully set forth herein, the allegations in paragraphs 1 through
46 above.
48. In the statements set forth in paragraphs 22-24, supra,
Defendants Menéndez and Giordano repeatedly, and in a
coordinated effort, made explicit false and defamatory assertions
of fact of and concerning Banamex. These false statements were
published to large audiences of individuals who understood the
false assertions of fact to be about Banamex and understood them
in their defamatory sense to impugn Banamex in its occupation
and business.
49. The false and defamatory statements were not privileged,
and Defendants published the statements knowing they were false,
and/or with reckless disregard for the truth.
50. By the,false and defamatory statements, Defendants imputed
to Banamex the commission of a criminal offense or criminal offenses
and exposed Banamex to contempt and disgrace, causing it to be
shunned and avoided in its occupation and business relations.
51. Defendants, by the false and defamatory statements, have
impugned Banamex's business management and its integrity and
have negatively affected public confidence in Banamex, thereby
directly injuring Banamex in respect to its trade and business.
These statements have deterred present and potential customers
and business partners from conducting business with Banamex.
52. The publication of the false and defamatory statements,
proximately, and by natural consequence, caused actual damage
to Banamex. As a direct and proximate cause of Defendants' wrongful
acts, Banamex has suffered and will continue to suffer damage
to its reputation, income, and relationships with its existing
and prospective customers, business partners, and others.
53. Defendants purposefully and maliciously defamed Banamex
in order to harm Banamex in its trade and profession, and as
part of a scheme to extort from Banamex.
54. Accordingly, Defendants Menéndez and Giordano
have committed the tort of slander per se against plaintiff and
are liable to plaintiff for the damages caused thereby, as well
as punitive damages.
COUNT III
INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE
(Against all Defendants)
55 . Banamex repeats and incorporates by reference, as if
fully set forth herein, the allegations in paragraphs 1 through
54 above.
56. Banamex is a respected banking institution in Mexico.
It expends substantial resources to develop service, and maintain
good customer relationships, including through public relations
and advertising activities. Its efforts have been successful
in making it one of the most respected banking institutions in
Mexico, with one of the largest customer bases. Banamex thus
has a reasonable expectation that its relationships with customers
will continue and grow.
57. At the conference at Columbia University School of Law
in March 2000, in the radio broadcast on March 2, 2000 on the
"Let 'em Talk" radio show on WBAI, 99.5 FM in New York,
New York, and in their print publications and web sites, Defendants
repeatedly, and in a coordinated effort, made false and defamatory
assertions of fact of concerning Banamex and its business management.
58. The false and defamatory statements were not privileged,
and Defendants published the statements knowing they were false,
and/or with reckless disregard for the truth.
59. Defendants, by the false and defamatory statements, have
directly injured Banamex in respect to its trade and business.
Defendants knew of Banamex's customer and other business relationships,
and by their statements have intentionally deterred present and
potential customers and business partners from conducting business
with Banamex.
60. The publication of the false and defamatory statements,
proximately, and by natural consequence, caused actual damage
to Banamex. As a direct and proximate cause of Defendants' wrongful
acts, Banamex has suffered and will continue to suffer damage
to its reputation, customer goodwill, and relationships with
its existing and prospective customers, business partners, and
others.
61. Defendants purposefully and maliciously made the false
and defamatory statements about Banamex in order to harm Banamex
in its trade and profession by disrupting its customer and other
business relationships, and as part of a scheme to extort from
Banamex.
62. Accordingly, Defendants Menéndez, Giordano and
The Narco News Bulletin have committed the tort of intentional
interference with prospective economic advantage against plaintiff
and are liable to plaintiff for the damages caused thereby, as
well as punitive damages.
PRAYER FOR RELIEF
WHEREFORE, Banamex prays for judgment and relief against
Defendants Menéndez, Giordano, and The Narco News Bulletin
as follows:
1. That this Court enter judgment under Counts I and III
against all Defendants jointly and severally, and under Count
II against Defendants Menéndez and Giordano jointly and
severally, for compensatory damages in an amount to be proven
at trial;
2. That this Court enter judgment under Counts I and III
against all Defendants jointly and severally, and under Count
II against Defendants Menéndez and Giordano jointly and
severally, for punitive damages in an amount to be determined
by the jury as sufficient to deter future wrongful conduct of
the type alleged in this Complaint;
3. That this Court award Banamex its costs; and
4. That this Court grant such other and further relief to
Banamex as this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Banamex demands a trial by jury as to all issues triable
by jury in this action.
Respectfully Submitted,
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
Michael J. Madigan
Thomas P. McLish
Shari L. Fleishman
1333 New Hampshire Avenue, NW
Washington, D.C. 20036 (202) 887-4000
Sean E. O'Donnell
590 Madison Avenue
New York, New York 10022
(212) 872-1093
Attorneys for Plaintiff Banco National de México,
S.A
Dated: August 9, 200O
"So silly
that no one's ever paid attention to them" - Ex-Correspondent,
New York Times