I contacted the US District Court to request the unsealing of certain documents in the case of Otto Reich versus Derwick Associates. It’s quite interesting to see my name listed in the court dockets, as I didn’t expect my letter to become part of the official public record on PACER. However, I believe that transparency in court proceedings is of utmost importance, and except for some personal information, the public deserves access to what is being heard in court. So, I have no issues with this.
Here’s what I wrote:
Judge Oetken,
I’m a journalist who has been closely following the case of Reich et al. v. Betancourt Lopez et al., 13 Civ. 5307. I am writing to express my support for the plaintiff’s request to unseal documents. The public has a vested interest in transparency and deserves as much information as possible from this case. I have no financial or political ties to the case; my only connection with the involved parties is as a journalist.
As the author of the blog Setty’s Notebook (https://settysoutham.wordpress.com) and a contributor to various Venezuelan news outlets, including Vice Magazine and Mother Jones, I have been among the few reporters tracking the long-standing saga of alleged corruption related to the contracts for Venezuelan electricity plants since 2012. Many readers from different news platforms are curious to delve deeper into Derwick Associates and its key players, as seen in my blog’s visitor traffic. Besides the general public, government entities depend on journalists to help them uncover and comprehend the complexities of Venezuelan business. Access logs indicate that organizations like the FBI, US Senate, SEC, and US District Court have all visited my blog recently seeking information about Venezuela.
Data from the sealed files could assist in accurately reporting on Banca Privada d’Andorra (BPA), an Andorran bank that the US accused last week of involvement in money laundering. Two individuals mentioned in the Reich case, Nervis Villalobos and Javier Alvarado, have been linked to money laundering through BPA, according to the Spanish publication El Mundo.
It poses a challenge for journalists and the public since much of the business activity globally occurs in regions like Venezuela, Spain, and Caribbean nations, where court processes and corporate registrations lack transparency. The relative openness of the US judicial system benefits people everywhere. When individuals choose to engage in business within the US, they benefit from a trusted and stable economic and political framework. One of the few “risks” involved is that they might need to be honest in public court if disputes arise.
Opacity allows for deception to flourish. In Venezuela, where I previously worked as a Bloomberg correspondent, some local media inaccurately reported on the dismissal of parts of this case, suggesting that Derwick and its leaders had completely won. One headline even read: “New York judge confirmed the integrity of the bolichicos of Derwick Associates.” (See http://www.primicias24.com/nacionales/justicia-norteamericana-ractifica-honestidad-de-los-bolichicos-de-la-empresa-derwick-associates/)
Of course, there is private information that should remain confidential. However, it’s frustrating to see so much material currently kept sealed. I was inspired to write after reading an article by the Reporters’ Committee for Freedom of the Press, which mentioned that reporters can sometimes successfully unseal documents in the public interest (http://www.rcfp.org/browse-media-law-resources/news-media-law/news-media-and-law-fall-2014/first-step-unsealing-court-re). I sincerely hope for a similar outcome in this case.
Thank you for your attention,
Steven Bodzin
All in all, I believe this is a valuable first entry into the records of US court.