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Rogelio Perez Perdomo weighs into PDVSA's Litigation Trust's (i)legality

PACER continues to be the only venue where those of us interested in PDVSA / Venezuela legal affairs can keep tabs on Nicolas Maduro's regime actions. The issue of standing, whether Litigation Trust has: 1) a valid legal footing under Venezuelan law, and 2) whether its signatories had valid powers to assign Venezuela's sovereign claims to David Boies, continues to be discussed. In this respect, Boies produced a document, from Venezuela's interim Attorney General (Reinaldo Muñoz), that's a gift to defendants. There's also the legal opinion of Rogelio Perez Perdomo, an expert on Venezuelan law, deposed on the matter on 16 July.

Perez Perdomo cites "Ley Orgánica de la Procuradoría General de la República" (from page 58 here) as the legal instrument that governs Muñoz's actions as Venezuela's Attorney General. Perez Perdomo did not expicitly state which section of the law applies, though it is fair to assume it starts from article 9 through to article 21. Perez Perdomo did not say anything -as far as deposition's excerpts published are concerned- about Muñoz's ilegal appointment, as interim Attorney General. Perez Perdomo claimed that Muñoz's role is to give opinions on this sort of agreements, and that Muñoz's signature alone could not have approved the deal. Muñoz's signature gives standing, according to Perez Perdomo, only because Nelson Martinez had already signed. As discussed here, neither Martinez, nor Muñoz, nor both, have powers to enter into contracts of the type, without express mandate from either Venezuela's Congress, or Venezuela's President with Congress' approval. There's no evidence that Congress and/or Maduro signed anything approving deal between PDVSA and Boies.

Muñoz's first and foremost responsibility is to represent, and to defend the interests and property of Venezuela, both locally and at international level. Just how can gifting 66% of PDVSA potential proceeds to Boies, Duker and Brennan be construed as defending Venezuela's interests? How can waiving all rights that Venezuela could have in this particular claim be in Venezuela's best interests?

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