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e called to testify in United States court. After Chevron filed an action pursuant to 28 U.S.C.
§ 1782 seeking discovery from Stratus, Stratus held staff meetings attended by all staff available
at that time, including some personnel who had been subpoenaed to testify. The staff members
were provided with information about Chevron's subpoenas and the Cabrera Report, and
Beltman, taking the opportunity to create a consistent but misleading story, misrepresented to the
meeting attendees that Cabrera was an "independent expert who submitted his own report to the
court." During this and other staff meetings, Beltman also misrepresented Stratus's role to
Stratus staff. He explained that Stratus had "prepared a series of technical analyses" that were
given to Cabrera "to help in his preparation of his report" and failed to disclose the fact that
Beltman and other Stratus consultants had authored the report that Cabrera submitted as his own.
161. Fajardo and Donziger also discussed how they would respond to any accusations
that "Cabrera used exactly, or almost exactly, the same words we put in our motions." Fajardo
offered the "[ s ]imple" solution of concocting a story that the RICO Defendants submitted
material to Cabrera after they noticed some errors in the calculations and figures in the report and
that Cabrera then adopted their submission. As Fajardo put it, "There is no substantive problem,
we just have to explain it."
162. Fajardo and Donziger also devised ways to hide their misconduct by creating
special email addresses and code names to be used in planning and discussing their scheme.
Fajardo, for instance, instructed Donziger not to use his own email account to send comments
about the report that Stratus was ghostwriting, and not to send the comments to Fajardo's regular
email address but to direct them to a new, specially created email address. Fajardo instructed
Donziger, "do not insert any names in the document," and told him to use code names; Fajardo
went by Lagarto 2, and Donziger by Lagmio 3. ("Lagarto" is Spanish for "lizard.") This was
done, as Donziger has admitted, because they did not want others to know that Stratus had
drafted the final report for Cabrera to submit to the court.
163. In addition, the conspirators sought otherwise to cover their tracks in the United
States. E-Tech, for example, failed to report income received for doing its work to the Internal
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