jjR0b

[because] the only way we're going to succeed, in my opinion, is [i]fthe country gets excited
about getting this kind of money out of Texaco .... So you have to play to those ... themes,
[with] those feelings these people have." Consistent with this strategy, Donziger and the other
RICO Defendants know that their "success" will have nothing to do with pursuing the Lago
Agrio Litigation on the merits, but rather will depend on using that "litigation" as a vehicle or
pretense with which to attack Chevron in the media and before U.S. governmental bodies and
shareholders and force it into paying them off. In Donziger's own words, the conspirators have
conducted the Lago Agrio Litigation as a "flat-out street brawl, extreme fighting through
litigation" in which he and his co-conspirators are seemingly "only a short step away from
smashing the faces of our counterparts with a closed fist, or taking out guns[.]"
74. Donziger has acknowledged the RICO Defendants' and their co-conspirators'
use of "pressure tactics" to influence and intimidate the Ecuadorian judiciary. Donziger admitted
that such tactics are "something you would never do in the United States .... But Ecuador, you
know ... this is how the game is played, it's dirty." Donziger further declared that "there's
almost no rules here" and that "the only language that I believe, this judge is gonna understand is
one of pressure, intimidation and humiliation. And that's what we're doin' today. We're gonna
let him know what time it is .... We're going to scare the judge, I think today." These fear
tactics are effective, according to Donziger, because Ecuadorian judges "are really not very
bright" and "make decisions based on who they fear the most, not based on what the laws should
dictate." In fact, when an associate suggested to Donziger that no judge would rule against them
because "[h ]e' II be killed," Donziger replied that, although the judge might not actually be killed
if he ruled against them, "he thinks he will be .... Which is just as good." As a colleague told
Donziger, "The only way we will win this case is if the judge thinks he will be doused with
gasoline and burned if he rules against us." Donziger stated that this comment did not shock
him. Donziger further asserted: "[The judges] don't have to be intelligent enough to understand
the law, just as long as they understand the politics." And according to Donziger, "no judge can
rule against us and feel like he can get away with it in terms of his career." These threats are
34