hRb7u

district court of the district in which a person resides or is found [to] order him to give his
testimony or statement or to produce a document or other thing for use in a proceeding in a
foreign or international tribunal." Several courts have granted Chevron's applications for
discovery, resulting in the production of more evidence of fraud, collusion, and criminal
misconduct, and evidence establishing the RICO Defendants' and their co-conspirators' knowing
obstruction of Chevron's Section 1782 applications. This evidence, and the condemnation by
numerous U.S. courts of the conduct it reveals, is detailed below. But co-conspirator Julio Prieto
perhaps captured the RICO Defendants' and their co-conspirators clear knowledge of the
wrongfulness oftheir own conduct in an email to Donziger and Fajardo after Fajardo told him
that the RICO Defendants' correspondence with Stratus was likely to be disclosed in a Section
1782 proceeding in Colorado: "[T]he effects are potentially devastating in Ecuador (apart from
destroying the proceeding, all of us, your attorneys, might go to jail)[.]"
271. Accordingly, the RICO Defendants adopted a strategy of obstruction and delay
in furtherance of their criminal scheme, seeking to hold off U.S. discovery until they could
obtain a judgment in Ecuador and begin their plan to use it to harass and attack Chevron and its
subsidiaries around the world. As co-conspirator Ilann Maazel of Emery Celli wrote to Donziger
and other co-conspirators, including attorneys at Patton Boggs and Motley Rice, "Unless we
want the Stratus/Cabrera revelation to come out in CO [Colorado], which seems like the worst
possible place, we need to make our submission in Ecuador and fast. ... We've bought over a
month in CO and everywhere else but time is almost certainly about to run out."
272. Throughout these Section 1782 proceedings, the first of which Chevron initiated
on December 18,2009, the RICO Defendants have sought to impede Chevron's discovery
through lies, procedural abuses, and obstructionist delaying tactics. These efforts
notwithstanding, Chevron has obtained additional evidence demonstrating that the conspirators
wrote the Cabrera Report and sought to use the so-called "independent" report to their
advantage. As this evidence has come to light, the RICO Defendants and their co-conspirators
have continued to make statements that are not only false, but inconsistent with their own prior
107