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conspirators cast aside Dr. Calmbacher's actual conclusions and set about manufacturing
reports to be filed under Dr. Calmbacher's name, a fact that Chevron only learned for the first
time at Dr. Calm bacher' s March 2010 deposition that Chevron subpoenaed pursuant to 28
U.S.C. § 1782.
118. The difficulty for the RICO Defendants was how to obtain Dr. Calmbacher's
signature on the false conclusions they wanted to submit as "expert" findings. Their solution
was to send Dr. Calmbacher initial drafts of the report, which correctly characterized his
conclusions, for his review. Because the drafts appeared to accurately reflect his opinions,
Dr. Calmbacher authorized the reports to be filed.
119. Next, the conspirators prevailed upon Dr. Calmbacher to provide signature
pages, along with several blank pages bearing his initials, which he did, based on the lie that
these extra pages would be used to file the reports he had already authorized to be filed. At the
conspirators' request, Dr. Calmbacher sent by overnight delivery service one set of these signed
and initialed pages to Ecuador and the second set directly to Donziger in New York.
120. The reports that the RICO Defendants and their co-conspirators filed under
Dr. Calmbacher's name, however, are not the same as the reports that he authorized to be filed.
Instead, as part of their Plan B, the RICO Defendants and their co-conspirators prepared
different, fraudulent reports that misstated the evidence and concluded that the inspected sites
presented a danger to the environment and required additional remediation. The conspirators
printed their fraudulent reports on the pages that Dr. Calmbacher had initialed, used the signature
pages that he had provided, and filed the forged reports with the court in Lago Agrio.
121. Although Chevron has since informed the Lago Agrio court about the falsified
Calmbacher reports, to date the court has refused to remove his reports from the record or take
any corrective measures.
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