hLpb5

135. The RICO Defendants' and their co-conspirators' strategy all along, as first
evidenced in Donziger's discussion with Fajardo about whether to request an even higher
amount than Russell's disavowed $6 billion damages estimate to make it appear as though a
judgment of a lower amount was reasonable or even somehow favorable to Chevron (see
paragraph 107, supra), was to provide an absurd damages number to convince the judge to award
a lower but still outrageous amount. Donziger described the goal to his consultants: "lfwe have
a legitimate fifty billion dollar damages claim, and they end up-the judge says, well, 1 can't
give them less than five billion." He explained that an inflated damages number would allow the
judge to say that "Tex had a huge victory. They knocked out ninety percent of the damages
claim."
136. Donziger brushed off other comments from consultants Champ and Kamp
expressing concern about meeting with Cabrera. First, Champ told Donziger, "1 know we have
to be totally transparent with Chevron in showing them what we're doing." Donziger responded,
"No, no," and stated, "because they will find out everything we do." He continued: "Our goal is
that they don't know shit ... and that's why they're so panicked." Then, Kamp expressed
unease about the process and commented to Donziger that "[h laving the perito [Cabrera] there
yesterday in retrospect ... That was bizarre." In response, Donziger instructed Kamp: "Don't
talk about it," and, "that's the way it works." Donziger told the camera crew, "[T]hat is off the
record."
137. The RICO Defendants' and their co-conspirators' close relationship with
Cabrera also raised questions in the minds of the Crude filmmakers, who became "confused
about why Chevron is saying that the Court Appointed expert is biased." The filmmakers asked
Fajardo why he was paying Cabrera, "[ w ]hy is Chevron not also paying for the expert and why
do they not have their own expert[?]" Even to sympathetic individuals untrained in legal
matters, something about the RICO Defendants' and their co-conspirators relationship with
Cabrera seemed wrong.
54