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3. Launching Public Attacks on Chevron Based on Misleading
Statements and Lies to Force Chevron to Pay Up
214. Through their own efforts and those of their collaborators, the RICO Defendants
have conspired to manufacture a wave of public criticism of Chevron based on deliberate
falsehoods and misleading statements. Since at least 2006, but with increased intensity since
manufacturing the fraudulent Cabrera Report, they have saturated the public domain with their
false propaganda-using the Internet, radio, television, and film, as well as print media,
including books, newspapers, and magazines. And they have taken this pressure campaign to
U.S. state and federal agencies, seeking their falsely induced assistance in this racketeering
scheme. As conspirator Amazon Watch has explained, the strategy is to "turn up the heat on
Chevron through various means, shareholder resolutions, major media coverage and major
investigations through, for example, the Securities and Exchange Commission." And Donziger
has proposed that the conspirators use the slogan "Always attacking." According to Donziger,
the "strategy" is to "increase the cost to Chevron" including the "cost of their sullied reputation,
you know, in the media." As he explained to one of his associates in preparing for a mediation
with Chevron, "[ w]e need to get more press and increase the pressure b/w now and then, to get
the price up." As one federal judge put it, the "object of the whole game, according to Donziger,
is to make this so uncomfortable and so unpleasant for Chevron that they'll write a check and be
done with it."
a. The Fraudulent Media Blitz
215. Donziger outlined the RICO Defendants' and their co-conspirators' "strategy" of
increasing costs to Chevron by "sull[ying] their reputation" to reporter Peter Maass. In an article
published in Outside magazine, Maass called Donziger's strategy "attrition warfare: death by
lawsuit." Donziger told Maass, "This case has to be won both in and out of the courtroom ....
If you had the case without the pressure, you would never get a result." Maass observed,
"Donziger wants to keep the public pressure on, to make the company so miserable that it throws
in the towel and settles." This is "guerrilla PR," and "[r]abble rousing is a vintage Donziger
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