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"improper" under a "traditional Ecuadorian law perspective. By working so closely with our
local counsel and Stratus, Cabrera violated his duties to the court." And on May 16, 20 10,
attorney Ilann Maazel of Emery Celli, conceded in an email to co-counsel that, "the core basis
for the 1782 is nevertheless apparently correct: neither Cabrera nor plaintiffs disclosed a
submission from plaintiffs that contained drafts of part of the expert report written by Stratus."
Yet the very next day, the RICO Defendants caused to be filed in federal court a brief containing
the claim that all contact between Cabrera and the RICO Defendants was disclosed.
298. In response to another suggested defense, in which the conspirators would argue
that the only fraud shown by the record was Donziger's and not the "clients'" thus supposedly
protecting privilege, Donziger complained that, "you're throwing me under the bus," and noted
that there was substantial evidence that Yanza was involved in any fraud. Co-conspirator Ilann
Maazel of Emery Celli assured him that Yanza was not his client, but Donziger pointed out that
Yanza was associated with the Front, which stood to receive 10% of any judgment. These
concerns notwithstanding, the RICO Defendants and their co-conspirators have pressed this
argument in numerous U.S. courts.
299. The RICO Defendants' and their co-conspirators' attempt to whitewash their
conduct was insupportable on its face, and Chevron's subsequent discovery of their true conduct
has demonstrated how baseless these attempts were. The RICO Defendants and their co­
conspirators did not submit materials to Cabrera so that he could independently review them;
rather, they submitted materials for him to sign and submit to the court under his name. Nor did
they ever intend to disclose this to Chevron, or to anyone. As Donziger put it, their specific
intent with respect to Chevron's knowledge ofthe RICO Defendants' relationship with Cabrera
was to make sure "that they don't know shit."
300. The RICO Defendants offered these false statements in part because they hoped
to avoid discovery of their misconduct, but also in an effort to at least forestall disclosure as long
as possible through factual misrepresentations and the obstructive filing of meritless court
papers. Through this strategy, they would buy themselves time to allow the Lago Agrio court to
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