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attempt to apply it retroactively, the Lago Agrio Litigation is unusual in structure. The
ostensible plaintiffs in the Lago Agrio Litigation are forty-eight named individuals, but it is
unknown whether these individuals consented to have the litigation brought in their names, as
twenty of their signatures were forged in the very document that purported to provide authority
to Ecuadorian counsel to file the complaint.
65. The Lago Agrio Litigation does not seek damages based on personal injuries to
the named Plaintiffs, which, along with claims for individual property damage, is the only type
of claim individuals could bring (see paragraph 57, supra). Rather, relying on the EMA, the
complaint seeks the costs ofremediating broadly defined "environmental damages," the proceeds
of which will not directly benefit the Lago Agrio Plaintiffs. Defendants Donziger, Fajardo and
the other U.S. and Ecuadorian lawyers and investors reportedly expect up to 30% of the
judgment. The Republic of Ecuador reportedly expects 90% of the benefit, although the RICO
Defendants with assistance from Patton Boggs, H5 and other co-conspirators have already laid
out plans to "keep the proceeds out of Ecuador," by placing the funds in a "trust" outside of the
country, under the exclusive control of a trustee they approve. The RICO Defendants requested
that the Front receive an additional amount equal to 10% of the judgment (a fact that Donziger
thought "best if Chevron did not know" out of concern that it "could harm the image" of the
litigation), and the trial court granted that request in its judgment. The individual Lago Agrio
Plaintiffs, on the other hand, will not receive any portion of the judgment, and thus are at most
only nominal plaintiffs.
66. In effect, the RICO Defendants are planning to control nearly all of the proceeds
from the judgment, shutting out the Lago Agrio Plaintiffs, the Republic of Ecuador, and
Petroecuador and setting themselves up as a source of patronage through billions of dollars in
remediation contracts that will be issued following an adverse judgment against Chevron, in a
country whose entire annual Gross Domestic Product is just over $64 billion. In an email
exchange with Fajardo and Donziger, for example, co-conspirator Julio Prieto noted that
"Petroecuador is NOT the one who must contract the remediation companies .... That's our
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