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fraudulent reports," and "the fabrication of evidence." And the Southern District of New York
noted that "there is more than a little evidence" that the activities of the RICO Defendants "come
within the crime-fraud exception."
2. Making False Statements to Deceive New York Courts in Connection
With Chevron's Section 1782 Applications and Other Actions
304. The RICO Defendants' and their co-conspirators' deliberate misrepresentations
to federal courts have not been limited to lies about their relationship with Cabrera and the
authorship of the Cabrera Report. Rather, the RICO Defendants and their co-conspirators have
made, or caused to be made, a number of false statements before federal courts in New York in
connection with their attempt to prevent the discovery of certain Crude outtakes in a Section
1782 proceeding and in the case the Lago Agrio Plaintiffs filed, through co-conspirator Emery
Celli, to stop Chevron's arbitration with Ecuador in a bilateral investment treaty proceeding.
305. Before the Southern District of New York, the RICO Defendants and their co-
conspirators made a series offalse statements regarding Crude and the contents of the outtakes
from filming sought by Chevron pursuant to Section 1782. When Chevron discovered evidence
that a scene in Crude had been modified at the RICO Defendants' request in order to suppress
evidence of meetings between the RICO Defendants and Cabrera team member Carlos Beristain,
the RICO Defendants told the court that the meeting was "innocuous" and "of no relevance to
anything." Similarly, on appeal of the district court's order requiring production of the Crude
outtakes, the RICO Defendants and their co-conspirators claimed that they had requested
Berlinger to delete the scene from the DVD version of the film only to "avoid the misimpression,
cynically tostered by Chevron below, that [the Lago Agrio] plaintiffs participated in one of Dr.
Beristain's focus groups after he was a court expert" (emphasis in original). In fact, however,
the meeting from which Beristain was carefully edited out of the picture was a meeting arranged
and funded by the RICO Defendants and their co-conspirators as part of their scheme to control
the content of the Cabrera Report. Nor was that the only evidence of wrongdoing that disclosure
of the video would record. And the attorney who signed the brief in the Second Circuit, I1ann
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