Sunday, July 7, 2013

BP faces fight in court to argue that the rules adopted after Gulf of Mexico oil spill is undergoing fraudulent claims

Deepwater Horizon oil spill has had terrible consequences indisputable. 11 people were killed when the BP oil rig exploded April 20, 2010, and uncontrolled oil in the Gulf of Mexico for 86 days immersion

After that, however, the image becomes darker. Hundreds of thousands of people and businesses affected by the disaster, but as each month passes, there are more than 10,000 applicants. Tomorrow, BP's lawyers will appear in court in New Orleans to argue that their huge repair bill is not synchronized with the facts and attacks fraudsters.

BP again tries to argue that the agreement last year to compensate victims of the oil spill are abused "fraudulent claims, excessive or improper."

oil giant is not the only concern that the compensation system is being abused. Last week, Carl Barbier, who oversees the case of civil damages against BP billionaires appointed Louis Freeh, former FBI chief judge and judge, to investigate allegations of misconduct in the office that administers applications compensation.

So far, the company has had little luck arguing against the regime that was established last March. A panel of three judges hearing the appeal tomorrow, in which each side has 20 minutes to present their case. BP argues that the Compensation Committee does not consider the recognized legal meaning of words like "recipes" and "utility" in the way they evaluate the claims. BP is represented by Theodore Olsen, a lawyer from Gibson, Dunn & Crutcher who was Attorney General George W Bush and has an impressive record, but observers say the case is particularly difficult.

"They [BP] has lost the first round because the judge said he had written the words and did not want to live with him," said Fadel Gheit, managing director and analyst at Oppenheimer Wall Street Bank. "The idea was that in good faith wanted to help the people of this region, many people have been seriously affected. What we did not expect is that the other party would enjoy. "

"Anything can happen in Louisiana," said Daniel Jacobs, visiting professor at the UCLA Institute of the Environment and sustainability teacher. However, Jacobs also said BP would struggle to overthrow a plan that the company he had created.

oil allocated $ 8.2 billion (€ 5.3 billion) to settle claims that it is burning through this fund much faster than expected. Ken Feinberg, the administrator of origin, provided $ 6.1 billion for 221,000 candidates before being replaced in March by Patrick Juneau, Louisiana lawyer who was considered more encouraging for candidates than its predecessor.

With new casting applications Gheit, BP and others say that many of them are fraudulent or, at least, extend the terms of the legal basis for the granting of the application beyond what should be legally acceptable. If the call is successful BP, the oil company would be entitled to claim the money has already been paid to some companies and their lawyers.

New Orleans, the disaster can be a lucrative business for some. Hurricanes regularly cause damage along the Gulf Coast and insurance scams are commonplace, Gheit. A letter of attorney to sell the business demands BP said: "The craziest thing about the thing is that you can be compensated for losses that are not related to the oil spill"

For BP, it is an example of improper claims, while Wall lawyers argue that the company was compensated by good reason, that the profitability of the company does not reduce 2 million in losses suffered after the local authorities have flooded breeding crocodile to stop the invading oil.

According to Jacobs, these disagreements are inevitable, given that the settlement agreement is more than 1000 pages and leaves much room for legal maneuver.


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