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false authenticity to their sham inspection. The conspirators knew such activity was not without
risk, and they worried that Dr. Calmbacher would "inform the court that the Selva Viva project is
a fraud."
114. Ultimately, the RICO Defendants and their co-conspirators decided that they did
not need Dr. Calmbacher to agree with their position, and that if the facts did not support their
case, they would manufacture new ones. Thus, after Dr. Calmbacher communicated his negative
findings to the RICO Defendants and their co-conspirators, he was "terminated without warning
or explanation" and Donziger ordered him to return to the United States. At the time, Donziger
believed that "lOr. Calmbacher] will still sign the perito [expert] reports, but we might have to
write them in Quito."
115. Dr. Calmbacher, however, was adamant that he would still be the one to "write
the Perito reports," despite his differences with Donziger, because he needed "to comply with
[his] obligation to the court and to maintain [his] professional integrity with the Ecuadorian
court." In an email to Donziger, Dr. Calmbacher made clear that the RICO Defendants were not
to alter any of the conclusions in his report:
It also has been stressed to me that it is highly unusual for a perito [expert] to
allow others to contribute to the writing of a report. Comments or review is
acceptable, but the perito's opinion and findings are final. I therefore have and
feel no obligation to allow your team of textile engineers and associated cron[i]es
to review or edit my reports. I am assured, as perito of the court, that I am
completely within my rights to write and submit my report independent of those
who have nominated me for appointment as perito. My sole obligation is to tell
the truth, as I see it, to the court, no matter the consequences for either party.
116. After Dr. Calmbacher's rebuke, Donziger threatened to withhold payment from
him in order to pressure Dr. Calmbacher to draft the reports in a manner that would back up the
Lago Agrio Plaintiffs' assertions. Donziger described this strategy to Wray, Kohn and Bonifaz,
but also noted that, if the problem was not resolved, "we are developing a Plan B that will be
explained in person."
117. Plan B put into play Donziger's view that "[s]cience has to serve the law
practice; the law practice doesn't serve science." The RICO Defendants and their co-
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