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international law and treaty obligations in connection with its failure to honor its contractual
agreements. The Lago Agrio Plaintiffs and other parties named in this Amended Complaint are
not and cannot be parties to the Treaty Arbitration, and Ecuador has asserted sovereign immunity
against claims filed in courts of the United States.
c. Manipulating and Falsifying Their Own Experts' Findings
to Corrupt the Judicial Inspection Process
96. At the outset of the litigation, the Lago Agrio court ordered a process known as a
judicial inspection to assess the 122 former consortium oil production sites. In a process agreed
to by both parties and the court, experts were nominated by each side and appointed by the court
to investigate and report on conditions at the sites. The court nominated a third set of "settling
experts" to resolve any differences between the experts nominated by the parties.
97. The RICO Defendants and their co-conspirators believed they could use and
corrupt the judicial inspection process to their advantage. To this end, they designed a strategy
to "choreograp[h]" the judicial inspections and to "create conflict, invit[ing] the press" to "entrap
[Chevron] in the conflict." As Donziger put it, "The goal of the inspections [was] to win the
legal case, not to produce an independent scientific repOli." From his perspective, the judicial
inspection process was "all about politics and arguing and bulls[**]t and show." Part of that
show was to organize a number of demonstrations at the judicial inspection sites-some
threatened to become violent (see paragraph 76, supra)-to showcase the strength and will of the
RICO Defendants' and their co-conspirators' "army" and to send a message to the judiciary that
it was being watched.
98. The RICO Defendants and their co-conspirators have also sought and obtained a
court order prohibiting Petroecuador from conducting any remediation ofthe former consortium
area. Fajardo spelled out to his colleagues, "[Petroecuador is] altering the evidence and it is
possible that when our technicians go to the PG to take samples that they will find most of the
waste has been removed. This could complicate things for us a bit." Fajardo explained that it
was "urgent" that the RICO Defendants "coordinate" with Petroecuador "so they will desist
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