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made all the more real given the prevalence of violence in the Oriente region of Ecuador.
Indeed, Fajardo has acknowledged that paid assassins in the Oriente will kill someone for as little
as $60, and the region is known to harbor elements ofthe terrorist group F ARC.
75. As part of their strategy to intimidate and coerce the Lago Agrio court, the RICO
Defendants and their co-conspirators plotted to raise what they called their own "private army," a
"specialized group" detailed "to watch over the court," for which, "if we need weapons, we can
provide weapons." According to Fajardo, it was "necessary" for the RICO Defendants and their
co-conspirators to "organize pressure demonstrations at the court" that will be a "little bit
aggressive" in order to "teach the court a lesson." During one meeting in which the "private
army" was discussed, Defendants Donziger and Yanza along with Amazon Watch founder
Soltani and Kevin Koenig, Amazon Watch's Northern Amazon Program Coordinator, discussed
their plans to organize and finance attempts "to control the court, to pressure the court."
Donziger elaborated that the conspirators "want to send a message to the court that, 'don't q**]k
with us anymore-not now, and not-not later, and never.'" He observed that, "no one fears us
right now. And, until they fear us, we're not gonna win this case. I'm convinced." Accordingly,
the conspirators planned to "take over the court with a massive protest," with the goal of
"shut[ting] the court down for a day." According to Donziger, "[O]nly after that should we talk
to the judge about what he needs to do. The judge needs to fear us for this to move how it needs
to move, and right now there is no fear, no price to pay for not making these key decisions."
Realizing the ramifications of this plan, Soltani asked if the videotapes ofthe discussion could be
subpoenaed, advising: "I just want you to know that it's-it's illegal to conspire to break the
law."
76. Ignoring these qualms, the RICO Defendants and their co-conspirators put their
plan into effect, organizing their "army" in demonstrations at inspection sites and at the
courthouse itself, intending to confront and instill fear into the c01ll1. Donziger described one
action to Joe Berlinger, the director ofthe film Crude: "[O]ur private 'army' ... has been very
effective. Yesterday they followed a Texaco lawyer into the judge's chambers and had a
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