From: Sent - The Amazon Post

From:
Sent:
To:
Cc:
Bcc:
Subject:
Attach:
[email protected] on behalf of
Christopher P. Bogart <[email protected]>
Wednesday, September 28, 2011 11: 5 5 PM
William Carmody <[email protected]>; Steven Donziger
<[email protected]>; James Tyrrell <[email protected]>
Hansen, Mark C. <[email protected]>; Jonathan T. Molot
<[email protected]>
Christopher Bogart <[email protected]>
Treca / Lago Agrio
20110928095559028 (1).pdf
Kindly see the attached letter sent by courier today.
Christopher P. Bogart
Chief Executive Officer
Burford Group Limited
www.burfordgroupltd.com
PLAINTIFF’S
EXHIBIT
1489
11 Civ. 0691 (LAK)
BUR0047562
Plaintiff's Exhibit 1489 p. 1 of 3
TRECA FINANCIAL SOLUTIONS
4th Floor, Century Yard, Cricket Square, Elgin Avenue
P.O. Box 32322
Grand Cayman KYl-1209
KYl-1209
CAYMAN ISLANDS
28, 2011
September 28,2011
COURIER
Weil LLP
Purrington Moody Wei!
201 North Church Street, Suite 200
Greensboro, NC 27401 USA
Steven R. Donziger
c/o 245 West 104th
lo4th Street, #7D
New York, New York 10025
Pablo Estenio Fajardo Mendoza, Esq.
c/o Frente de Defensa de la Amazonia
Calle Progreso y Eloy Alfaro, esquina
Nueva Loja, Sueumbios
Sucumbios
Ecuador
Luis Francisco Yanza Angamraca
c/o Frente de Defensa de la Amazonia
Calle Progreso y Eloy Alfaro, esquina
Sucumbios
Nueva Loja, Sucumbfos
Ecuador
Ecuador
El Frente de Defensa de la Amazonia
EI
c/o Frente de Defensa de la Amazonia
Calle Progreso y Eloy Alfaro, esquina
Sucumbios
Nueva Loja, Sucumbfos
Ecuador
Ladies and Gentlemen:
Re:
Maria Aguinda y Otros v. Chevron Corporation
We have Mr. Carmody's letter dated 23 September 2011.
As you know, Treca wrote to you on 23 September 2011 and provided notice of termination of
the Funding Agreement. That notice was sent by courier and email; the time of the email
transmission was shortly after noon, New York time, on 23 September.
Mr. Carmody's letter was not delivered to Treca's Cayman corporate agent until very late in the
day on 23 September (a Friday) in a plain white envelope and did not come to the attention of
Treca's investment adviser until 26 September. We note that Mr. Carmody evidently elected not
to send his letter by email to Treca's counselor investment adviser despite their identities being
Treea's counsel, Mark Hansen, Mr.
well-known to him. Although he shows a copy of his letter to Treca's
Carmody did not email Mr. Hansen the letter until the afternoon of27
of 27 September. It is hard to
resist the conclusion of attempted - but unavailing - gamesmanship in your communications.
In light of Treca's termination of the Funding Agreement, your belated provision of a Proposed
Trust Deed is moot, except to confirm once again what Trcca
Treca has said for months - that
Claimants are not, and have never been, entitled under the Funding Agreement to issue a
Funding Notice because oftheir
of their non-compliance with section 8 of the Funding Agreement.
BUR0047563
Plaintiff's Exhibit 1489 p. 2 of 3
-2-
Yours truly,
BUR0047564
Plaintiff's Exhibit 1489 p. 3 of 3