hLpb5

Donziger discussed requesting a higher amount than $6 billion so a judgment of a lower amount
could be portrayed as favorable to Chevron: "But as a concept, I ask, do we ask for much more
than we really want as a strategy? Do we ask for eight and expect three, so that [the judge] says,
'Look, Texaco, I cut down the largest part.'"
108. And despite Russell telling Donziger that his estimate was inaccurate and that he
did "not want to be involved in" the Lago Agrio Litigation and despite Donziger's assurance to
Russell that he would stop using Russell's work, the RICO Defendants and their co-conspirators
continued to use the exaggerated and disavowed $6 billion estimate. As Donziger explained it,
"[G]iven that [the RICO Defendants] ha[d] worked with Russell's number all of these years," not
continuing to use the $6 billion number "would make [them] look like fools." For example,
Amazon Watch, exhibiting the same disregard of the facts as Donziger, continued to tout the $6
billion figure well after Russell sent Donziger his cease-and-desist letter. Amazon Watch's press
releases asserted that Russell's company, Global Environmental Operations, endorsed the $6
billion damages estimate even though Russell implored Donziger to stop "abusing" the "name of
[Russell's] company" by associating it with the Lago Agrio Litigation. For example, a March
20,2007 press release entitled "Ecuador Court Speeds Up Chevron's $6 Billion Amazon Trial
Over Rainforest Contamination" issued by Amazon Watch states: "The only independent
damage assessment, by the U.S. firm Global Environmental Operations, puts clean-up costs at
$6.14 billion, exclusive of personal damages to thousands of residents of the area." In issuing
this press release, the conspirators lied about having an expert estimate of $6 billion when they
knew that Russell repudiated the $6 billion figure as "no longer valid" and "a ticking time bomb"
well over a year earlier. Donziger has subsequently admitted that he had no other basis for the
$6 billion figure when that press release was issued.
(ii) Filing Falsified Expert Reports
109. Not only did the RICO Defendants and their co-conspirators pressure Russell to
come up with a large, unsupported damages assessment, but they also submitted falsified expert
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