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eports under the name of another oftheir U.S. experts, Dr. Charles Calm bacher, that
contradicted his conclusions that he had found no evidence of harm.
110. In 2004, the conspirators selected Dr. Calmbacher to be the expert in charge of
their inspection and to act as the Lago Agrio Plaintiffs' testifying expert for four ofthe sites that
were being inspected.
111. Shortly after Dr. Calmbacher began his work in the field, Donziger informed
him and the other members of the technical team that "[t]he goal is to win the legal case, not to
produce an independent scientific report." Much to the RICO Defendants' dismay,
Dr. Calmbacher did not abide by this admonition when he informed the RICO Defendants and
their co-conspirators that, in his professional opinion, the sites he inspected did not require
further remediation and did not pose a risk to human health or the environment. This, of course,
was not what the RICO Defendants and their co-conspirators wanted to hear. Indeed,Donziger
had instructed Dr. Calmbacher to find contamination during his site inspections.
112. Dr. Calmbacher was uneasy with Donziger's instructions and the level of control
the RICO Defendants tried to exert over his work. He was concerned regarding the methods and
scope of analysis that the RICO Defendants and their co-conspirators planned to perform on the
samples they collected. In his opinion, the analysis was insufficient to test all the aspects ofthe
oil that he felt should be tested. When Dr. Calmbacher informed Donziger of his concerns,
however, Donziger brushed them aside and decided to proceed with the limited and inadequate
analysis he already had planned.
113. When it became clear that Dr. Calmbacher's conclusions were unsatisfactory to
the RICO Defendants and their co-conspirators, they submitted to the Lago Agrio Court judicial
inspection samples bearing the name "Selva Viva Laboratory" on the chain of custody forms.
But there is no Selva Viva Laboratory; rather, the "analysis" was performed-if it was
performed at all-in the RICO Defendants' and their co-conspirators' team hotel room, and they
borrowed the name "Selva Viva"-the same name as the RICO Defendant who was "created"
"simply as a pass thru mechanism to administer funds for the litigation" in Ecuador-to lend
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