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personal notes make clear that the criminal prosecutions were meant "to keep the hammer over
[Chevron's] head" and "force [Chevron] to the table for a possible settlement."
201. The RICO Defendants' and their co-conspirators' collusion with the Republic of
Ecuador to procure the criminal indictments has been long in the works. In an email exchange in
August 2005 (which appears to be an excerpt from an ongoing correspondence) among
conspirators Alberto Wray, Bonifaz, Fajardo, Yanza, the Front, and Ecuador's Attorney
General's office, Wray wrote, "if at some point we want the Government and the Attorney
General to play for our side, we must give them some ability to maneuver." Martha Escobar, a
deputy of the Attorney General, responded that both the office and "all of us working on the
State's defense were searching for a way to nullify or undermine the value of the remediation
contract and the final acta [i. e., the 1998 Final Release] .... "
202. In that same email exchange, Escobar confirmed that the Attorney General was
still determined to prosecute "those who executed" the 1995 Settlement Agreement and the 1998
Final Release, despite the absence of evidence of any wrongdoing: "The Attorney General
remains resolved to have the Comptroller's Office conduct another audit (that also seems
unlikely to me given the time); he wants to criminally try those who executed the contract (that
also seems unlikely to me, since the evidence of criminal liability established by the
Comptroller's Office was rejected by the prosecutor .... " The Attorney General later informed
one of the RICO Defendants' colleagues that "he want[ed] [them] to work together on this
matter" and that, at least initially, "he [did] not want [their] meetings to be made public."
203. After working together for some time, the RICO Defendants were successful in
getting the Republic of Ecuador to pursue fraud charges related to the remediation against
Chevron in litigation in the United States. When Donziger learned of this, he reveled in their
success: "The Attorney General of Ecuador is now suing Chevron for fraud on the remediation!!
We have been pushing this for over a year, we finally did it !!! This is huge, huge."
204. The RICO Defendants and their co-conspirators went to great lengths to hide
their collusion with the Republic of Ecuador, despite the existence of, as the co-conspirators
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