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perpetrating the conspiracy and fraud against Chevron. By and through its co-conspirators,
agents and/or alter egos Donziger, Yanza and Fajardo, Selva Viva has transacted business and
engaged in tortious conduct in the United States and New York which give rise in part to
Chevron's claims, as set forth more fully above. Selva Viva has also directly transacted business
and engaged in tortious conduct in the United States which give rise in part to Chevron's claims.
The RICO Defendants use or have used Selva Viva as a conduit for funding their wrongful
activities in Ecuador. Selva Viva has solicited and received several payments from Kohn Swift
in the United States in order to fund the Lago Agrio Litigation, and some of those payments were
subsequently channeled to Cabrera from a Selva Viva bank account. Also, as set forth more
fully herein, Selva Viva's co-conspirators and agents have engaged in intentional, wrongful,
illegal, and/or tortious acts in the United States and New York. Selva Viva was aware of the
effects in the United States and New York of those acts, the activities of Selva Viva's co­
conspirators and agents were to the benefit of Selva Viva, and its co-conspirators and agents
were working at the direction, under the control, at the request, and/or on behalf of Selva Viva in
committing those acts.
32. Exercise of jurisdiction over the Lago Agrio Plaintiffs is proper pursuant to N.Y.
C.P.L.R. 301 and 302 because the Lago Agrio Plaintiffs have purposefully availed themselves of
the New York forum by purportedly engaging New York attorneys and instituting and otherwise
participating in related litigation in this District. The Lago Agrio Plaintiffs have reportedly hired
Defendant Donziger, a New York attorney, to represent their interests in the Lago Agrio
Litigation. Additionally, they have reportedly hired co-conspirator Emery Celli, a New York law
firm, to represent them in litigation pending in this Court and elsewhere in the United States. On
January 14, 2010, the Lago Agrio Plaintiffs were the named plaintiffs in an action filed in this
Court against Chevron to stay the Treaty Arbitration that Chevron initiated to obtain relief for the
Republic of Ecuador's violations of its obligations under the United States-Ecuador Bilateral
Investment Treaty, investment agreements, and international law, including Ecuador's failure to
abide by the negotiated settlement and releases relating to the remediation of the former
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