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(ii) The Court Appointed Cabrera as Its "Independent"
"Global Assessment Expert"
138. In late February, to cover up the fact that the judge planned to appoint the
"global assessment expert" championed by the RICO Defendants, the judge called Cabrera and
purported to ask him for a recommendation for the expert. But by this point Cabrera's
appointment had already been secretly secured by the RICO Defendants. Indeed, in their internal
correspondence they discussed the steps they had taken to make "100% sure the judge would
appt Richard," including threatening the judge with a complaint against him that they showed
him, but never filed. Thus, when Donziger feared the judge's call to Cabrera meant the
appointment of the RICO Defendants' handpicked "expert" was in jeopardy, Fajardo reassured
him that the call was just "part of the judge's complicated plan to protect himself." On March
19, 2007, the Lago Agrio court did indeed appoint Cabrera as its global assessment expert,
ordering that Cabrera would be "responsible for the entire repOli, the methodology used, for the
work done by his assistants, etc."
139. Cabrera, the RICO Defendants, and their co-conspirators had violated the terms
of Cabrera's appointment before he had been appointed, and they would continue to do so
throughout his service. They did this even though the RICO Defendants knew, as Donziger has
since admitted, that the Lago Agrio court ordered Cabrera to "act with absolute objectivity and
independence" and to "act independent of the parties." The RICO Defendants, however, knew
that they had to maintain a fac;ade of independence. To do so, shortly after Cabrera was
appointed, they plotted "something that Richard [Cabrera] could do AGAINST us in order to
prove his independence."
140. When the Lago Agrio court officially swore in Cabrera as the global assessment
expert on June 13, 2007, Donziger exclaimed that "the perito just got sworn in ... this is a huge
victory!!!!!!!!" He further elaborated that the development was good for the Lago Agrio
Plaintiffs' case: "We have to keep pushing on all fronts at all times .... [A]ll this bullshit about
the law and facts ... but in the end ofthe day it is about brute force .... [Cabrera's
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