hLpb5

Boulder, Colorado; (ii) acted in the United States and New York to conceal the conspiracy and
fraud, including falsely testifying in In re Application a/Chevron, Case No. 10 MC 00002
(S.D.N.Y. Aug. 6, 2010) that Cabrera was "independent" while knowing the RICO Defendants'
role in Cabrera's appointment and reports (see id., Dkt. 31 at Ex. 46); (iii) solicited and obtained
funds for the Lago Agrio Litigation while in the United States and, on information and belief, in
New York; and (iv) caused to be filed in the Southern District of New York an action on behalf
of the Lago Agrio Plaintiffs to stay the international arbitration that Chevron initiated pursuant to
the United States-Ecuador Bilateral Investment Treaty (the "Treaty Arbitration"), Yaiguqje et ai,
v, Chevron Corp, and Texaco Petroleum Co., No. 10 CV 316 (LBS) (S.D.N.Y. Jan. 14,2010)
("Yaiguaje"). Fajardo has also engaged in intentional, wrongful, illegal, and/or tortious acts the
effects of which Fajardo knew and intended would be felt in the United States and New York.
For example, Fajardo has (i) directed a multitude of phone calls, emails, and other forms of
communication to his co-conspirators in the United States and New York for the purpose of
planning and carrying out their conspiracy and fraud; and (ii) participated in and orchestrated
campaigns in the United States and New York to influence United States federal officials, State
of New York officials, financial analysts, investors, and stockholders for the purpose of extorting
money from Chevron. Also, as set forth more fully herein, Fajardo's co-conspirators and agents
have engaged in intentional, wrongful, illegal, and/or tortious acts in the United States and New
York. Fajardo was aware of the effects in the United States and New York of those acts, the
activities of Fajardo's co-conspirators and agents were to the benefit of Fajardo, and his co­
conspirators and agents were working at the direction, under the control, at the request, and/or on
behalf of Fajardo in committing those acts.
29. Exercise of jurisdiction over Yanza is proper pursuant to 18 U .S.c. § 1965(b)
and N.Y. C.P.L.R. 301 and 302. Yanza has transacted business and engaged in tortious conduct
in the United States and New York which give rise in part to Chevron's claims. Among other
things, Yanza (i) met with his co-conspirators in the United States multiple times to plan the
ghostwriting of the Cabrera Report, including trips to New York to meet with Donziger and to
15