hRb7u

. Misrepresenting the "Independent" and "Neutral" Cabrera
Report
229. In all of these communications media, the conspirators have repeated their false
claims that Cabrera offers an "independent" and scientific perspective which "proves" Chevron's
liability. And in doing so, the conspirators have sought to increase pressure on Chevron and
thereby extort a payment from it. For instance, there is a lengthy summary of the Cabrera Report
on chevrontoxico.com, which never discloses the RICO Defendants' role in writing the report,
and concludes with the following: "A final decision on Chevron's liability and damages will be
made by the trial judge. However, courts in Ecuador generally give wide deference to reports
prepared by independent experts."
230. When challenged, the RICO Defendants have repeated their claim that Cabrera
is independent. For example, on April 3, 2008, Fajardo stated, in a press release issued by
Amazon Watch, "Chevron's claim that Professor Cabrera is cooperating with the plaintiffs is
completely false," and "Chevron is frightened by Cabrera precisely because he is an independent
and credible expert." The RICO Defendants' guiding principle, as Donziger wrote to Fajardo, is:
"If you repeat a lie a thousand times it becomes the truth."
231. On or about May 31, 2008, shortly after the RI CO Defendants caused their own
secretly written report to be filed as Cabrera's, Kohn appeared on Fox News, touting Cabrera's
independence. He not only claimed that Cabrera was an "independent expert appointed by the
judge," but then falsely stated that Cabrera "analyzed all of the evidence from all of the parties
from both sides," to come up with the damages estimate of "between eight and sixteen billion."
Kohn did not reveal that his co-conspirators ghostwrote Cabrera's report.
232. After the conspirators drafted the update to the Cabrera Report in November
2008, increasing the total damages assessed to $27 billion, the Front issued a press release on
December I, 2008, falsely extolling the Cabrera Report as an "independent" assessment by the
"Special Master" based on the review of the "trial evidence-the vast majority of it provided by
Chevron." Once again, no mention was made of the fact that Cabrera's report and its update had
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