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estimate was prepared in "a very short time, with only a week of review time in the jungle, and
heavily influenced by [Donziger] in the writing." At Donziger's insistence, and as evidence of
his heavy influence on Russell's initial calculation, Russell used the most expensive remedial
option available, because Donziger wanted a "large" damages estimate. Even so, Russell made
clear to Donziger and others that the quantitative data "ha[ d] not [been] reliably established" and
that he and his team were "still at the guessing stage."
103. As Russell continued his work, he realized that the evidence on the ground did
not support his damages estimate. By December 2004, he told Donziger "that Texaco may be
right when they indicate that the remediation is performing as designed, and degrading the
petroleum." Two months later he provided an update to Donziger in which he explained, "From
the data I have seen so far, we are not finding any of the highly carcinogenic compounds one
would hope to see when investigating the oil pits."
104. After Russell prepared his estimate, he learned that the remediation work he
considered appropriate could be completed at a substantially lower cost and wrote Donziger in
February 2006 to demand that he stop using the unsupported and exaggerated $6 billion estimate.
In his letter, Russell informed Donziger that the information he had since learned "would cause
me to state that the 2003 cost estimate is too high by a substantial margin, perhaps by a factor of
ten, or more." (Emphasis in original.) And indeed, a year later, another of the co-conspirators,
Charles Champ, estimated that a remediation and related social and development projects could
be done for $1 billion, an estimate that itself is wildly exaggerated and calculated using fictional
cost assumptions. Nonetheless, the RICO Defendants have never publicly disclosed this
exaggerated figure because it is too low for their illicit purposes.
105. In that same cease-and-desist letter, Russell objected to Donziger's and Amazon
Watch's use of the $6 billion estimate in their request to the U.S. Securities and Exchange
Commission ("SEC") for the SEC to "investigate Chevron under Sarbanes-Oxley" for allegedly
"underreporting their liabilities." Russell made clear that the "estimate is no longer valid and if
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