jjR0b

increased that to $9.5 billion in the November 2008 filing, ostensibly based on just over a page
of additional discussion. The report did not use any scientifically accepted method to link cancer
to the consortium's operations; instead of using official data, the "excessive" cancer deaths were
"assessed" on the basis of self-reporting at group meetings with undisclosed members of the
local population conducted by purported member of the Cabrera team Carlos Beristain, who was
in fact working at the direction of the RICO Defendants and their co-conspirators.
174. The Cabrera Report and its subsequent supplement were not the only documents
filed under Cabrera's name which were secretly written by the RICO Defendants. On November
5,2007, Cabrera filed a statement with the Lago Agrio court alleging that he had been subjected
to threats and harassment, and that he was constantly under surveillance by unknown parties.
But while this notice was signed by Cabrera, it was prepared for him by the RICO Defendants.
Donziger has admitted, however, that he had no concrete evidence for the allegations in the
notice that Cabrera was in "serious danger."
(v) The RICO Defendants' Fraudulent Endorsements of
Their "Cabrera Report" and Procurement of Other
Endorsements Through Misrepresentations
175. The RICO Defendants and their co-conspirators sought almost immediately after
filing the Cabrera Report to bolster it through the pUblication of endorsements of the report by
Stratus itself-the report's secret author-and by third-party experts.
176. After the conspirators filed their report under the name of court expert Cabrera,
Donziger, Beltman, Maest, Fajardo, Yanza, and Hinton assembled again in Boulder, Colorado to
discuss and manage the "[s]cientific and public relation response to [the] Cabrera report."
During this meeting, they developed their plan to obtain multiple levels of endorsement of the
report for use in the Lago Agrio court and the U.S. media. They also strategized about how to
increase the already unfounded damages number contained in the Cabrera Report, developed a
plan for responding to Chevron's criticisms of the report, and outlined a plan of attack on the
media front. As Beltman later acknowledged in an email to Amazon Watch about the progress
of their plan to procure fraudulent endorsements, "a big part of this will be for media."
70