jjR0b

[remediating] until we've had a chance to extract the evidence we need." In response, Donziger
cautioned Fajardo to "[b]e careful with written letters-informal and oral meetings are better[.]
[W]e don't want Texaco to use some letter to say we are obstructing remediation." In another
email to Donziger and other conspirators, Fajardo expressed concern that the government was
assuming responsibility for remediation, and that it would cost an "extremely low" $96 million.
The RICO Defendants then turned to the government for assistance in shutting down the
remediation.
99. Ultimately, the judicial inspection process was short-lived. The first and only
time settling experts issued a report for one of the judicial inspection sites was in February 2006,
at which point they agreed with Chevron's expert's findings and concluded that TexPet's
remediation met the standards agreed to with Ecuador. They further agreed that there was no
evidence of contamination posing a risk to either human health or the environment.
100. When it became apparent to the conspirators that the judicial inspection process
was not going to provide them with the record they needed to extort a payment from Chevron,
they abandoned that process and set about developing their own false history and factual record,
entirely under their contro!' Using a series of paid experts whom they pressured, misled or
recruited to their scheme, the conspirators created an increasingly extreme and distorted record,
and then manipulated the Lago Agrio court into accepting that false history as the product of
independent analysis.
(i) Inducing an Expert to Report Biased and False Results
101. To create their first false data point, the RICO Defendants pressured their U.S.
expert David Russell to develop an exaggerated damages estimate and continued to "use it to put
out a figure that will scare Chevron and investors," long after Russell sent Donziger a cease-and­
desist letter demanding that he stop using the estimate.
102. In 2003, Russell, who was retained by the RICO Defendants to oversee the
judicial inspection process for the Lago Agrio Plaintiffs and prepare a damages analysis, initially
estimated the cost of remediation to be approximately $6 billion. In Russell's own words, that
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