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scheme or artifice to defraud that constitute violations of 18 U .S.c. §§ 1341 and 1443, including
which individual defendant caused the communication to be mailed or wired, when the
communication was made, and how it furthered the fraudulent scheme.
356. The RICO Defendants participated in the scheme or artifice knowingly,
willfully, and with the specific intent to deceive and/or defraud Chevron into paying the RICO
Defendants and their co-conspirators. The RICO Defendants knowingly and intentionally
prepared a self-serving analysis of Chevron's alleged liability in Lago Agrio, and then knowingly
and with the intent to deceive the Lago Agrio court, Chevron, and the general public, caused that
analysis to be filed under the pretense that it was a report prepared by an independent court
expert. The RICO Defendants colluded with the Republic of Ecuador to initiate criminal
prosecution of Chevron's attorneys on the basis of this report and other statements the RICO
Defendants knew to be false or misleading. The RICO Defendants further caused statements
regarding this report, these criminal charges and other matters, which statements the RICO
Defendants knew to be false or misleading, to be disseminated to the general public, to the
media, and to multiple state and federal agencies and federal courts, with the intent that those
statements be believed and that they form the basis for further public attacks on Chevron,
investigations of Chevron, and reduction in the value of Chevron's corporate assets. The RICO
Defendants knowingly engaged in the aforementioned conduct with the intent to generate fear in
Chevron such that Chevron would ultimately pay the RICO Defendants to cease their conduct,
under the guise of a settlement of the Lago Agrio Litigation, through satisfaction of a judgment
in the Lago Agrio Litigation, or in a subsequent proceeding to recognize and enforce such a
judgment.
357. The RICO Defendants' false and misleading statements have been relied
on by u.s. courts, u.s. state and federal government agencies, Chevron's shareholders,
investors, analysts, the media, and by the Lago Agrio court by means of its acceptance of
Defendants' and Cabrera's misrepresentations and omissions and its failure to take meaningful
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