The Atlanta Journal-Constitution
Families sue Chiquita over deaths of Americans
The families of six Americans kidnapped and killed in Colombia during the 1990s by the terrorist organization known as FARC are seeking potentially tens of millions of dollars in damages from banana giant Chiquita Brands International because of payments the company made to the group.
The trial is scheduled to begin with jury selection Monday in West Palm Beach federal court in lawsuits that accuse Chiquita of violating the Anti-Terrorism Act. Chiquita has admitted paying FARC — a Spanish acronym for the Revolutionary Armed Forces of Colombia — about $220,000 but insists it did so only to protect its employees and interests from violence.
One $10,000 payment to the guerrillas was hidden in a spare tire on the back of a Jeep, according to court documents.
The families claim Chiquita’s financial support of FARC, as a known terrorist group, means it should be held responsible for the Americans’ deaths and pay damages. The families must prove that Chiquita executives knew FARC was engaged in violent terror acts that could affect Americans and that the deaths of their loved ones were foreseeable when the payments were made, said plaintiffs’ attorney Gary Osen.
In a statement issued in January, Switzerland-based Chiquita said its only motivation in paying FARC was protecting its own employees from violence.
“We have been clear that, at all times, the company prioritized the safety of its employees and their families, and acted accordingly,” the statement said.
FARC and other paramilitary groups were engaged in a decades-long civil war in Colombia that took thousands of lives. The bloodshed finally ended in 2016 when a peace accord was signed. Chiquita also admitted paying $1.7 million to a right-wing group opposed to FARC, eventually pleading guilty in 2007 to a U.S. crime and paying a $25 million fine.
It was only after that case became public that family members of the six Americans slain by FARC learned that Chiquita had also paid FARC, leading to the lawsuits.
Five of the Americans killed by FARC were members of a missionary group based in Sanford, Florida, called New Tribes Mission: David Mankins, Rich Tenenoff, Mark Rich, Stephen Welsh and Timothy Van Dyke. The sixth, Frank Pescatore Jr., was a geologist for an Alabama company working on a project in Colombia who was shot trying to escape his kidnappers, according to court documents.
Tania Julin of Winter Springs, Florida, was married to Rich the night he was kidnapped Jan. 31, 1993, in the village of Pucuro, Panama, about 15 miles from the Colombian border. She said armed men burst into their home — where their two young daughters were sleeping — tied Rich up and ordered him, Mankins and Tenenoff to march into the jungle.
She never saw her husband again.
“It was so terrifying. I just never imagined. It was so out of the blue and unexpected. I was only 23 years old, with two little kids,” said Julin, who now teaches kindergarten. “I was just terrified of what might happen and so confused about why anyone would do this to us. We were only there to help people.”
“I have never been so afraid in all of my life.”
Later, FARC demanded a $5 million ransom for the three, but it soon became apparent the men had likely been killed, Julin said. It took years for the families to find out for sure, and they never received any remains.
“The years of not knowing were so difficult. Christmases would go by, and the one thing the girls wanted for Christmas was for their dad to come home. It was lots of years of disappointing heartaches and hard to watch to girls grow up without their dad,” she said.