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epresentations, despite the fact that that this strategy made them look, "coy at best and silly or
untrustworthy at worst," as Jonathan Abady of Emery Celli put it in an email to Donziger and
other Emery Celli and Patton Boggs attorneys.
a. The RICO Defendants' Initial False Representations to U.S.
Courts That They Had No Relationship With Cabrera and
No Role in Preparing the "Cabrera Report"
273. In opposing Chevron's discovery efforts, the RICO Defendants' first tactic was
denial of any misconduct whatsoever, despite Prieto's email making clear that what the RICO
Defendants did, if discovered, would "destroy" their case in Ecuador and that, "all of us, your
attorneys, might go to jail." Indeed, as Donziger has recently admitted, even after he received
Prieto's email, the substance of which he discussed with Patton Boggs and Emery Celli lawyers,
Emery Celli filed briefs in which it claimed that Cabrera was independent and, in Donziger's
words, "[ s ]ought to prevent Stratus' role relative to the Cabrera report from coming out." And as
early as January 2010, Donziger was preparing scripts about the relationship with Cabrera for
Stratus and others to rely on in depositions using a consistent, but false, story. By taking these
and other actions that served to stonewall the federal court, they hoped to avoid the discovery of
their extraordinary misconduct. In multiple filings in Section 1782 proceedings, the conspirators
have falsely asserted their lack of relation to Cabrera: "Mr. Cabrera is not even an expert for one
party, but a Court-appointed neutral .... " Additionally, in declarations filed throughout the
country, the RICO Defendants and their co-conspirators have perpetuated their false version of
events, hiding their relationship with Cabrera and claiming that he was "independent."
274. The RICO Defendants continued to spread their false version of events in
depositions. On April 23, 2010, for example, Chapman falsely testified that he had no reason to
think that Stratus had provided work product to Cabrera. The RICO Defendants and their co-
conspirators were proud of Chapman's performance, but realized that the truth was bound to
come out. As co-conspirator Andrew Wilson of Emery Celli wrote to Donziger, "Chapman did
an excellent job of not remembering anything-but Chevron will be able to do side-by-side
comparisons of Stratus work product and [Cabrera's] report to ajudge that will smell bad." In
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