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under Ecuador law." Quarles has recently admitted in sworn testimony that Donziger paid him
for this affidavit, and that he would not have signed the affidavit ifhe had known about the
RICO Defendants' involvement with Cabrera. Sy not disclosing the truth about Donziger's
improper contact with Cabrera and instead deliberately misleading Quarles, Donziger knowingly
engaged in misleading conduct and corrupt persuasion toward Quarles with the intent to
influence his testimony in an official proceeding.
365. The RICO Defendants and their co-conspirators also tampered with the
potential testimony of numerous Stratus employees in furtherance of the Enterprise's scheme.
After Chevron instituted a Section 1782 application in December 2009 seeking discovery from
Stratus, Seltman, undoubtedly concerned about potentially damaging future testimony from
Stratus employees, knowingly engaged in misleading conduct and corrupt persuasion toward
numerous Stratus employees, with the specific intent to influence, delay, and prevent those
employees' truthful testimony or cause the employees to withhold records, objects, documents,
and testimony from an official proceeding. Seltman repeatedly misrepresented to Stratus staff
members that Cabrera was independent and had authored his own report. Seltman likewise
repeatedly misled Stratus employees and omitted the true facts when he misrepresented that
Stratus had played a limited role of technical advisor to the Lago Agrio Plaintiffs. Thus,
Seltman tampered with the Stratus employees' potential or expected testimony in violation of 18
U.S.C. § 1512, in furtherance ofthe Enterprise's scheme.
Summary ofthe Pattern of Racketeering Activity Alleged Against Each RICO De&ndant
366. Defendant Donziger has committed numerous mail and wire fraud
violations, including those identified in Appendix S in which Donziger used or caused to be used
the mail or wires in furtherance of the RICO Defendants' scheme to defraud. Donziger has also
engaged in extortion of Chevron and fraudulent conduct through numerous acts, including by
participating in a campaign of public attacks based on false and misleading statements about
Chevron and the Lago Agrio Litigation (including making false statements to the U.S. House of
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