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documents Donziger had withheld were highly probative and damning materials that revealed
the RICO Defendants' scheme in even greater detail, including emails about meetings with the
judge in Lago Agrio and with President Correa, memos regarding the obstruction of Chevron's
discovery efforts in the United States, and other documents revealing further falsehoods made
by the RICO Defendants to the press and to government agencies.
322. This hidden cache of documents is not the end of the story. Donziger produced
seven hard drive images in response to the Court's order, and assured Chevron, through
counsel, that those were all that he had, and that he was "not aware of any use by him or others
ofthumb drives or similar devices and, accordingly, does not have any." But analysis of the
hard drive images provided by Donziger revealed that at least 79 unique external storage
devices, including 7 external hard drives, 1 zip drive, and 59 flash drives had been connected to
those hard drives at various times. The analysis also revealed that on August 4, 2010, two
different external storage devices were attached to Donziger's computers-that was the day
after Chevron made its first public filing containing the outtakes from Crude that showed
Donziger's March 3, 2007 meeting with Cabrera.
323. Confronted with this analysis, Donziger admitted that he "might have" used a
flash drive "once or twice," and that he might have used one in the last six to eight weeks in
connection with the Lago Agrio Litigation, but that he does not have it anymore, and does not
know where it is or why he does not have it.
D. Chevron Has Suffered Substantial Damages as a Result of the RICO
Defendants' Conspiracy, and Enforcement ofthe Corrupt Judgment in the
Lago Agrio Litigation Would Deepen the Harm
324. The RICO Defendants and their co-conspirators have used the corruption and
politicization endemic to the Ecuadorian judicial system to their advantage and by colluding with
the Ecuadorian government and corrupting the court and its "neutral" expert. Indeed, as Judge
Kaplan explained, "there is evidence to support Chevron's claim that the 'global assessment' is a
fraud .... There is evidence too that other expert evidence submitted to the Ecuadorian courts
on behalf of those plaintiffs also was fraudulent. Chevron thus stands in jeopardy of a huge
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