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their close relationship with Cabrera began, and they do not authorize anything like what
transpired. Indeed, when confronted with the evidence of the RICO Defendants' prior
relationship with Cabrera, Donziger himself admitted that he and his co-conspirators "met with
and interacted with Mr. Cabrera both before and after" the Lago Agrio court issued its January
2008 order. Their defense is also incompatible with their statements to the Lago Agrio court
after those orders were issued. On April 25, 2008, Defendant Fajardo asserted in a filing in the
Lago Agro court that it was "[a]nother infamy" that the plaintiffs were "accused of having a
close relationship with Independent Expert Richard Cabrera." "It is disappointing, your honor,
that professionals with such experience have fallen into such childish and absurd arguments."
And this defense ignores the fact that the one submission the RICO Defendants made to Cabrera
pursuant to court order was expressly limited to documents from "public institutions in the
country," which does not include the work of their own consultants-an inconsistency they have
conceded in private correspondence.
290. The RICO Defendants' constant refrain, that "materials" were "submitted" to
Cabrera, who "reviewed" them, is contradicted by the RICO Defendants' own records. As
detailed previously, Stratus was finalizing what would be adopted "whole cloth" by Cabrera just
before he filed it, and it is simply impossible that he gave it any meaningful review in the few
hours he could have had to do so. Nor is it credible that any revisions he might have made in
that brief period were material. The RICO Defendants knew exactly what he would file because
it was what they wrote. Indeed, the day before Cabrera filed the report, Donziger had in his
possession a table of damages amount that matched those in the Cabrera report to the penny for
numerous categories, including cancer deaths, ecosystem losses, unjust enrichment, and
remediation. In their total estimates, Donziger's table and the Cabrera report differed by less
than one tenth of a percent.
291. Nonetheless, the RICO Defendants continue to assert in u.S. federal court that
their relationship with Cabrera was pursuant to those orders and fully disclosed to the Lago
Agrio court. Before the Third Circuit, for example, the RICO Defendants recently asserted that,
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