The word "mismatch" hardly begins to describe it. In one corner
we have Banamex, the National Bank of Mexico, a massive financial
institution just purchased by Citigroup for a whopping $12.5 billion.
In the other corner, we have a guy with a laptop.
That guy is Al Giordano, a Boston native now of no fixed address,
and the product of his laptop is Narco News (www.narconews.com),
a Web site established in April 2000 to publish dispatches from
all over Latin America about the drug war and its fallout. Among
those dispatches has been a fair bit of investigative reporting:
a piece detailing the various conflicts of interest that led to
the resignation of an Associated Press correspondent in Bolivia,
for example, and another on dark truths about Colombian paramilitary
chief Carlos Castano.
Narco News also has published the allegations of a Mexican
journalist named Mario Menendez Rodriguez, who reported in his Merida-based
paper Por Esto that Banamex president Roberto Hernandez Ramirez
was a narcotics trafficker. Por Esto's reporters amassed
evidence that drugs were being bought and sold on Hernandez's many
properties in Quintana Roo, including interviews with local fishermen
who claimed to be eyewitnesses--not to mention the bags of cocaine
literally washing up on the beach. To quote Giordano's narco-centric
prose style, Hernandez, on top of his duties at Banamex, was "a
narco-banker" and a "narco-traficante."
Banamex was not narco-pleased. After Giordano and Menendez traveled
to New York in March to speak about the Hernandez allegations, among
other subjects, the bank brought a libel suit against Giordano,
Menendez and Narco News itself.
The Banamex lawsuit, which began hearings on July 20, is raising
eyebrows in media-watchdog circles. Narco News, which is
written in Mexico and run off a Web server in Maryland, is being
sued in New York on a tenuous pretext; namely that it is "affiliated
with" (read: linked to) the New York-based Web site mediachannel.org.
Much about the lawsuit is patently ridiculous, says Narco News'
lawyer Tom Lesser, starting with its whereabouts. "This is a lawsuit
brought by a Mexican corporation against two people, one of whom
[Menendez] is a Mexican resident, and one of whom [Giordano] lives
in Mexico presently, over events that occurred in Mexico," Lesser
says. "The lawsuit should be in Mexico."
In fact, the lawsuit has already been in Mexico, and more than
once. In two separate cases, Mexican judges have tossed out similar
lawsuits by Banamex against Menendez and Por Esto, ruling
in both cases that the paper's charges were legitimate and therefore
not libelous.
Lesser suspects that bringing the case to the Big Apple has nothing
to do with proving libel. The goal of Banamex, he fears, is to drain
the coffers of Giordano and Menendez, and caution anyone else who
might have unpleasant things to say about the bank. "I think they
want to cause Giordano to spend so much money and so much time that
he has no resources to give to the Web site," Lesser says, "so he
will not print stories in the future which raise issues concerning
the bank."
Or as Narco News correspondent Peter Gorman put it in an
open letter to readers, soliciting contributions to Giordano's already
sorely depleted legal defense fund, "Hernandez knows that neither
Por Esto nor Giordano have enough between them to buy him lunch.
What he wants is to do is shut them down."
The heart of the Banamex lawsuit, which asks for unspecified damages
on counts of libel, slander and "interference with prospective economic
advantages," is that the "defendants published the statements knowing
they were false, and/or with reckless disregard for the truth."
This charge, Lesser says, may be the most laughable part of the
whole affair. To win, Banamex would "have to prove that Giordano
and Menendez made these statements with a reckless disregard of
the facts--and that they said it with malice. But Menendez published
40 photographs. He published photos of eyewitnesses. Giordano did
separate interviews; he investigated it. He absolutely believed
it was a legitimate story."
Lesser has some trouble with the idea of "interference with prospective
economic advantages" as well. "The bank just got bought for $12.5
billion by Citigroup. What, without this they would have gotten
$13 billion? This is an enormous corporation. The sky is the limit.
Banamex is used to having its way in Mexico and assumes it can have
its way anywhere in the world. It's the 800-pound gorilla. And Giordano
and Menendez had the temerity, the sheer chutzpah to suggest
that the president of the company did something wrong." 
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