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(i) Weeks Before the Court Appointed Cabrera, the RICO
Defendants Meet With Him to Plan His "Independent"
Expert Report
126. The RICO Defendants and their co-conspirators put their expanded scheme to
defraud and extort Chevron in motion in early 2007. The first order of business was to ensure
that the court adopt the new "global assessment" process proposed by the RICO Defendants and
their co-conspirators and appoint Cabrera as the global assessment expert.
127. On January 16,2007, Fajardo reported that he had been in contact with the Lago
Agrio judge in person and had sent him an email message regarding who to appoint as the global
assessment expert. Fajardo then set about persuading Cabrera to join them in their extortionate
scheme in a series of secret meetings during February 2007. The RICO Defendants and their co-
conspirators first appealed to Cabrera emotionally, impressing upon him "the importance of the
case, what it means for history, how we can do something that we will always be remembered
for, what this would mean for the country and world, etc." They also made it clear that he would
be rewarded financially. Not only would Cabrera be paid a substantial sum for his "work," an
amount that eventualIy totaled at least $263,000, but Donziger or one of his co-conspirators
likely told Cabrera what Donziger had told another potential expert: "if he served as the global
court expert and the plaintiffs won the case that he would have a job the rest of his life being
involved in the remediation."
128. Having convinced Cabrera to join their conspiracy and secure in the knowledge
that the court would select Cabrera, the conspirators set to work with him to plan the writing of
the repOli by the covert U.S. team the RICO Defendants and their co-conspirators had
assembled. This report would develop into an essentially fictional description of the region that
alleged massive harms with little or no valid data or analysis in support. And Cabrera would act
as the RICO Defendants' and their co-conspirators' puppet.
129. On March 3, 2007-two weeks before the court appointed Cabrera-Donziger,
Fajardo and Yanza met with Cabrera to plan the report. Also present at this meeting were
members of the U.S. team working with the conspirators to ghostwrite the Cabrera Report,
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