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world." The "environmental remediation experts from the United States" were the RICO
Defendants themselves, a fact which was not disclosed by the RICO Defendants to this Court.
310. In previous litigation between Chevron and the Republic of Ecuador, the RICO
Defendants prevailed upon counsel for the Republic of Ecuador, Winston & Strawn, to amend
the Republic of Ecuador's pleadings to include allegations that TexPet's 1998 Release was
obtained through fraudulent misrepresentations. Defendant Donziger described the allegation as
a "hammer" that he could use in the Lago Agrio Litigation. Donziger was then called upon by
senior Ecuadorian officials to coach witness testimony in support of the allegation. But this
allegation was made in bad faith and without sufficient evidence, for the improper purpose of
gaining "leverage" over Chevron outside of the litigation in which it was asserted, and ultimately
could not be sustained. And two months later, the Republic of Ecuador insisted that the
allegation be withdrawn because no witness could be found to support a necessary element of the
fraud claim and sanctions could therefore be imposed. Donziger nevertheless convinced the
Republic of Ecuador to falsely state to the court that "it was being withdrawn not because it was
not valid, but for reasons of stringent scheduling set by [the Court]." With the lack of evidence
obscured, Donziger continued to represent to Chevron that "we will have a special witness from
the government who will testify about fraud during the examination," a ruse intended to keep a
"hammer" over Chevron's head, which he referred to as "misdirection." As Donziger wrote,
"this backs up my litigation strategy offiling losing motions to create leverage."
3. Obstructing Judicial Proceedings by Tampering With Witnesses,
Withholding Documents, and Making False Statements to This Court
311. Donziger, the mastermind ofthe RICO Defendants' fraudulent scheme, has also
been a leading actor in the attempted cover-up of the criminal scheme in U.S. courts. He has
tampered with the testimony and sworn submissions of at least two other witnesses, Mark
Quarles and Dr. Charles Calmbacher, and he has defied multiple discovery orders from this
Court commanding him to produce his own documents, and lied to the Court repeatedly about
his noncompliance.
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