:After seven years, fallout from the so-called Honduran ''banana war'' between Chiquita Brands International and a rival banana company has made its way to U.S. soil - straight to Chiquita's Cincinnati headquarters.
Ernst ''Otto'' Stalinski, a former agent of Irish fruit company Fyffes Plc, filed suit in federal court here Monday afternoon, accusing Chiquita and its security chief of fraud, attempted kidnapping, piracy, menacing and other charges in connection with a 1990 skirmish over the Honduran banana trade.
Throughout the 1990s, Mr. Stalinski and Chiquita traded legal charges in Honduras. Monday's filing marked the first time that the issue has made it to U.S. courts.
''I'm in the promised land,'' Mr. Stalinski said Monday. ''Five-and-a-half years in the courts and seven years these guys are on my mind. Now we go for the next round.''
Chiquita executives did not respond to calls for comment Monday. Previously, Chiquita has denied Mr. Stalinski's charges, saying he led an illegal effort to take bananas that were under contract to Chiquita. When the charges surfaced several years ago, Chiquita President Steven Warshaw had said Mr. Stalinski and his lawyers ''are just trying to shake us down for money.''
The suit stems from Fyffes' attempt in 1990 to help get a foothold in the Honduran banana market, breaking the grip long enjoyed by Chiquita. Fyffes recruited Mr. Stalinski as its Honduran agent, giving him a commission to buy and ship about 10 million boxes of bananas a year.
Mr. Stalinski's lawsuit names as defendants: Alejandro Bakoczy, Chiquita's security chief; Chiquita; and its Tela Railroad subsidiary in Honduras.
According to the complaint, Mr. Bakoczy allegedly oversaw an attempt to terrorize and kidnap Mr. Stalinski. In trying to stop Fyffes, the suit charges, Chiquita also allegedly arranged for phony court orders to be issued and used paramilitary forces to unload and destroy perishable cargo of bananas.
In April 1990, three armed, uniformed men and an attorney working for Chiquita tried to arrest Mr. Stalinski in his hotel room in San Pedro Sula, the suit claims.
Mr. Stalinski later accused the group of using a trumped-up arrest order to try to kidnap and kill him. Chiquita insisted that it had a valid arrest order charging the Fyffes agent with stealing bananas.
Five weeks later, Fyffes and Chiquita signed a truce, but Mr. Stalinski was not party to the agreement.
Chiquita and the Fyffes agent have since traded lawsuits.
Mr. Stalinski has a pending civil suit in Honduras that Chiquita is seeking to dismiss arguing lack of jurisdiction.
Separately, Nov. 19, 1996, a Honduran trial court issued a final order saying there was no legal basis for Chiquita to criminally prosecute Mr. Stalinski. That ruling triggered a one-year window for Mr. Stalinski to take any action to sue for malicious prosecution and malicious abuse of service.
Though Mr. Stalinski said he lost $3.5 million just on the failed Fyffes' contract, Monday's suit does not specify monetary or punitive damages being sought.
''We don't want it to appear that this is purely a money-grabbing thing,'' Mr. Stalinski's lawyer in Cincinnati, Robert Manley, said. ''Otto is a guy of principle that really is concerned about fixing a broken system.''
Messrs. Stalinski and Manley are planning a news conference today in Washington, D.C., working in conjunction with the Council on Hemispheric Affairs, a Washington-based research group.
