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186. Cabrera earned his money by repeatedly peljuring himself in the Lago Agrio
court. For example, on July 23, 2007, four months after an all-day PowerPoint session with
Donziger and Fajardo, Cabrera declared to the court: "I should clarify that I do not have any
relation or agreements with the plaintiff, and it seems to me to be an insult against me that I
should be linked with the attorneys of the plaintiffs."
187. When Chevron raised questions with the Lago Agrio court as to the authorship
of the Cabrera Report and Cabrera's relationship with the Lago Agrio Plaintiffs, Cabrera
represented in multiple filings with the Lago Agrio court that he had worked independently and
transparently despite evidence to the contrary. On October 7, 2008, for example, Cabrera
declared in a filing that he is an "honest man with nothing to hide, and [his] conduct as an expert
in this case has been as professional, impartial and objective as possible, as can be seen from
[his] expert repOli." In that same filing, Cabrera asserted that he does "not take orders from
either of the parties to the lawsuit" and that he is "not, nor will [he] be, subject to the views or
whims of either of the parties." In a subsequent February 5, 2009 filing, Cabrera claimed that the
"entire expert investigation procedure was completed by [him] personally." He later declared
that "[a]ll the work was planned, directed, and approved by [him], as the person responsible for
the expert examination."
188. The RICO Defendants have also denied a relationship with Cabrera in filings
with the Lago Agrio court. For example, in an April 4, 2008 filing, Fajardo asserted that the
notion that there was a "common interest relationship between the expert Mr. Cabrera and the
plaintiff' and that Cabrera "works for us" was "simply ridiculous." Then on April 25, 2008, the
RICO Defendants and their co-conspirators characterized Chevron's claim that a close
relationship existed between them and Cabrera as "[a]nother infamy," "childish and absurd."
189. Despite these protestations of Cabrera's independence to the Lago Agrio court,
Donziger himself has now admitted that Cabrera's statements were "not accurate" because
"certainly the [Lago Agrio] plaintiffs provided materials for his consideration."
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