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issue its judgment against Chevron under which the only basis for liability would be the
fraudulent Cabrera Report. In May 2010, as the conspirators realized that the truth of their
relationship would start to come out, Donziger described their strategy: "I think we should
appeal on the theory that we gain a greater advantage by fighting them on everything, and tying
them up, than in conceding anyone thing even if we expect to ultimately lose that one thing
down the road." And another conspirator, Eric Westenberger of Patton Boggs, spelled it out in
more specific terms in an email to Donziger and co-conspirators at Emery Celli, Motley Rice,
and H5: "What about the following? Appeal; move for stay; if we win with [the District Court
Judge] great; if we lose, we produce whatever we want (narrow read); [Gibson Dunn] complains
and then we move for clarification. If we lose again, we think about another appeal."
301. The RICO Defendants have also tried to distract attention from Chevron's
discovery by concocting false allegations against Chevron as a diversionary tactic. For example,
they have sought to try to blame the Judge Nunez bribery solicitation scandal on Chevron, even
though their own special counsel on the issue concluded that "Chevron is telling the truth" when
it claimed not to have "even known about these conversations" at the time they first occurred.
When news of the RICO Defendants' improper relationship with court experts began to become
public in 20 10, co-conspirator Prieto suggested that they use the bribery solicitation as an excuse
for "starting a new action on our own to mitigate and counteract the effects of what might
happen in Denver?" He also suggested that this could be a means of getting broader discovery
for their pressure campaign: "Chevron must have some skeletons in the closet. Let's search."
The RICO Defendants eventually followed Prieto's suggestion, bringing just such an action in
federal court in California.
302. The evidence that Chevron has uncovered in the Section 1782 proceedings, in
spite of the RICO Defendants' and their co-conspirators' obstructive tactics, has inspired strong
language from several federal courts. For example, the District Court in the District of New
Jersey held that the conduct in furtherance of the conspiracy could not constitute "anything but a
fraud on the judicial proceeding." And, regarding videotaped evidence of the criminal enterprise
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