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287. In response to an inquiry from the District of Colorado seeking information
about the full relationship between Cabrera and Stratus, Wilson of Emery Celli, appearing as
counsel for the Lago Agrio Plaintiffs, assured the court that they would provide the "full picture"
in an upcoming filing. Indeed, Wilson assured the court nine times at the hearing that the
upcoming report would provide the "full picture." When the conspirators caused that promised
"full picture" to be filed, however, it was incomplete and misleading. In a sworn declaration,
Defendant Fajardo provided a lengthy description of the relationship between the RICO
Defendants and Cabrera, but falsely attested that Cabrera was "independent" and omitted from
his declaration the substantial role he and other conspirators had played in securing Cabrera's
appointment, his numerous personal meetings with Cabrera-including the March 2007 meeting
captured in the Crude outtakes-and the massive, U.S. project to write, translate and submit the
fraudulent Cabrera Report. Rather, Fajardo claimed that the RICO Defendants' contact with
Cabrera was pursuant to orders issued by the Lago Agrio court in January and April 2008,
requesting that the parties make various submissions to Cabrera. The RICO Defendants and
their co-conspirators filed Fajardo's false declaration not only in the District of Colorado, but
also in proceedings before this Court and at least six others courts throughout the country.
288. The RICO Defendants have repeatedly invoked these 2008 Lago Agrio orders,
even though much of their extensive recruitment, meeting, and collusion with Cabrera occurred
in 2007. They have also sought to explain Cabrera's various fraudulent statements to the court
that he was independent from them, by asserting, in a federal court filing signed by Wilson of
Emery Celli, that those statements were "made before the [Lago Agrio] court order authorizing
him to get material from the parties," and argued that "[ w ]hen the [Lago Agrio] Court ordered
Mr. Cabrera to consider whatever submissions were provided by the parties, the landscape
changed considerably. Nevertheless, Chevron conflates Mr. Cabrera's 2007 statements with
conduct that occurred after Court authorization was given in 2008 .... "
289. The RICO Defendants' and their co-conspirators' attempt to excuse their
conduct based on these orders is unavailing on its face. These orders were issued a year after
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