jjR0b

330. The RICO Defendants, acting in concert with Burford and Patton Boggs, have
further ensured their control over the future of the Lago Agrio Litigation, and secured their own
claims on any proceeds, and those of Burford and Patton Boggs, by apparently requiring a
number (but not all) of the Lago Agrio Plaintiffs to assign their rights in the litigation to a trust
(the "Burford Trust"). The trustee of the Burford Trust, who must be approved by Burford, will
be "the sole and only Person entitled to, among other things ... have the authority and obligation
to apply and distribute any proceeds of the Award" held in the Burford Trust, and that
distribution apparently is now governed by a contractual agreement between Donziger, Burford,
DeLeon, the Front, Patton Boggs, H5 and other U.S. parties. This contractual agreement
incorporates a complex "waterfall" that, for any funds placed in the Burford Trust, secures the
claims of the RICO Defendants, Burford, Patton Boggs and others, and relegates any actual
distribution in Ecuador to the residual. Furthermore, Donziger, Fajardo and Yanza purportedly
retain authority over the Burford Trust trustee's further pursuit of the Lago Agrio Litigation.
331. Defendants already are planning to seek immediate enforcement of the
Ecuadorian judgment in U.S. and foreign courts, and to extort a payment from Chevron by using
the Ecuadorian judgment to threaten seizure of Chevron's assets and those of its subsidiaries.
The RICO Defendants' internal blueprint for global enforcement, a memo by co-conspirator
Patton Boggs titled "Invictus," asserts that, "If and when an enforceable judgment is entered in
Ecuador, Plaintiffs' Team expects to be engaged quickly, ifnot immediately, on multiple
enforcement fronts-in the United States and abroad." They have said as much expressly on
multiple occasions, and, in fact, have represented to the Southern District of New York that
Chevron's defense against any Lago Agrio judgment should be restricted to New York's
Recognition Act.
332. Co-conspirator Amazon Watch has repOlied that the Lago Agrio Plaintiffs'
representatives will quickly "move to collect the judgment by any means necessary in whatever
country the company has assets" and that they "will seek to enforce any judgment against the oil
giant immediately in U.S. courts." Co-conspirator Hinton said that "If the [Ecuadorian] courts
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