jjR0b

Plaintiffs' ex parte contacts with Cabrera and submission of materials to him-and indeed,
invited such contacts and submission."
158. The RICO Defendants and their co-conspirators, in attempting to conceal the
true authorship of the Cabrera Report and its annexes, encountered some close calls. On
May 14,2008, for example, Beltman wrote to Defendant Donziger regarding an "[u]rgent issue"
that arose when Karen Hinton, spokeswoman for the Amazon Defense Front, wanted to give
Richard Clapp's report-the same report the RICO Defendants submitted as an annex to the
Cabrera Report-to a reporter. To have done so would have exposed the truth that the RICO
Defendants and their co-conspirators and their consultants actually wrote the Cabrera Report.
And so, BeItman told Hinton not to use the Clapp report, giving the false reason that he was "not
sure of its pedigree" instead of telling her the real reason it could not be made public: that it was
used "as an Annex" to the Cabrera Report. Concerned about covering their tracks, Beltman
warned Donziger that they "need to be careful about this." And later, when the RICO
Defendants and their co-conspirators feared that Clapp himself would inadvertently disclose the
true authorship of the Cabrera Report during a congressional hearing, Donziger explained the
steps necessary to prevent exposure: "We have to talk to Clapp about that 5-pager, and how we
have to limit its distribution. It CANNOT go into the Congressional Record as being authored
by [Clapp]."
159. In their rush to finish the Cabrera Report and then the supplemental report, the
RlCO Defendants and their co-conspirators were not careful enough. After the Cabrera Report
had already been submitted, Beltman realized that an annex to the Cabrera Report may have
cited a report written by Clapp. The problem, according to BeItman, was that the cited repolt
had then itse(fbeen used verbatim in Cabrera's report. BeItman lamented in an email to a
colleague, "[o]h what a tangled web ... " omitting the rest of the quotation, "when first we
practice to deceive."
160. In another effort to prevent Stratus's role in drafting the Cabrera Report from
coming to light, BeItman attempted to influence the testimony of Stratus employees who might
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