jjR0b

"assassinate" Fajardo. For example, in a May 2007 article in Vanity Fair magazine concerning
the case against Chevron, Fajardo claimed that he was being followed and that "the killers had
made a mistake." Donziger has taken this outrageous claim all the way to the United States
Congress. In a statement before the Tom Lantos Human Rights Commission, Donziger asserted
that the "team of lawyers and advocates fighting Chevron in Ecuador's courts over clean-up
responsibility have suffered harm in retaliation for exercising their legal rights[.]" And the first
"[e ]xample of this retaliation" he offered the committee was: "The lead lawyer for the rainforest
communities, Pablo Fajardo, has been subjected to death threats. A brother ofMr. Fajardo was
murdered in 2004, about a year after the trial began, under mysterious circumstances that some
think was a case of mistaken identity." Similarly, in a particularly offensive scene in Crude set
at Wilson Fajardo's grave, Defendant Fajardo linked his brother's "assassination" to the "first
judicial inspection ofthe Texaco case" and falsely said that the killers "were looking for me." In
another scene, he "joked" that he kept a gun in his house "[fJor when Texaco comes." These
knowingly false statements are intended to leave the false impression that Chevron is not only
responsible for the murder of Wilson Fajardo, but seeks to kill Pablo Fajardo as well.
265. The outrageous attacks on Chevron linking it to murder are just more of the
RICO Defendants' thinly veiled threats to Chevron: Pay up, or we will continue our campaign
of lies, fraud, and corruption.
C. The Conspirators' Campaign of Lies and Obstruction in U.S. Courts
266. Determined to prevent their conspiracy to defraud and extort Chevron from
being exposed in the discovery and other proceedings Chevron commenced in U.S. federal
courts, the RICO Defendants embarked on a campaign of obstruction and lies, attempting to
conceal the true authorship of the Cabrera Report and the RICO Defendants' and their co­
conspirators' relationship with the supposedly "independent" Cabrera. Defendants went as far as
misrepresenting Cabrera's independence in a complaint they tiled in this Court in related
litigation seeking to stay an arbitration proceeding.
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