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Hugo Chavez may want FBI help

BY ANTHONY M. DESTEFANO | anthony.destefano@newsday.com

8:34 PM EDT, May 12, 2008

President Hugo Chávez of Venezuela may consider the United States a mortal enemy, but his government may soon seek the FBI's help about an apparent forgery.

The problem surfaced two weeks ago when Manhattan federal Judge Naomi Buchwald threw out a lawsuit filed against Venezuela by two Latin American companies who for years had gold and diamond mining concessions along the nation's Caroní River.

The companies sued here in 2007 for about $200 million in compensation after Venezuela seized the mining rights for a hydroelectric project.

Buchwald tossed the case after she determined that a document, in which Venezuela purportedly agreed to be sued in Manhattan, contained a government minister's signature in which there was "compelling evidence of fraud" about the way it was affixed to the paper.

"We find it considerably more probable than not that Minister Ramirez did not execute the waiver of sovereign immunity and, accordingly, dismiss the action," said Buchwald in her decision.

Buchwald didn't use the word "forgery," but she referred to allegations by Venezuela's attorneys and document experts that the signature was "likely" a forgery. But what seemed to be convincing to the court was an affidavit submitted by Ramirez, who is now Chavez's minister of energy and petroleum, in which he flatly denied signing the waiver.

Under international law a foreign government generally has to give up its right be shielded against lawsuits -- known as sovereign immunity -- before a case can be filed against it in a U.S. court. Had it been shown that Ramirez signed the waiver the lawsuit could have proceeded.

Buchwald seemed to be troubled by a number of things, including the fact that Ramirez and a top aide were out of the country Dec. 19, 2003, when the document supposedly was signed. She also noted in her decision the "remarkable" fact that a duplicate copy of the signed document was in color, despite no color copiers existing during Ramirez's ministry in December 2003.

Nathan Schwed, a Manhattan attorney for the companies that sued Venezuela, said his clients denied the document was a forgery. Schwed said that an appeal was being considered.

Buchwald declined to comment on whether she was referring the case to the FBI. Paul Reichler, the Washington attorney for Venezuela, said yesterday a referral to the FBI was going to be considered. James Margolin, an FBI spokesman, said yesterday there had been no referral of the Venezuelan matter to investigators.

One federal judge unconnected to the case said suspected forgeries are sometimes sent to the FBI. One case involved attorney Perry Reich of Long Island, who was convicted in 2005 of forging a federal magistrate's order. Reich, 59, is scheduled to be released from federal prison later this month.