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morning of March 31, the day before it was filed. On that morning, they printed the report and
its voluminous supporting material, which were then to be submitted to the Lago Agrio court the
next day by Cabrera-its author in name only.
156. Nonetheless, Cabrera, the RICO Defendants, and their co-conspirators intended
to spread the lie that the report was Cabrera's own. To this end, they made every effort to
conceal the huge amount of work performed by Stratus and others, despite the Lago Agrio
court's order that Cabrera present "all the documents that serve as support or a source of
information" and "cite all ofthe scientific sources, and analytical and legal documents that he
use[ d]." Donziger has admitted that "there was a general feeling on our team that we wanted" to
"ke[ ep] confidential" the "fact that plaintiffs had written" "[p ]ortions of what became the
Cabrera report." Concealing this fact was partly driven by the concern of some of the RICO
Defendants and their co-conspirators about being criminally charged in Ecuador if they had
admitted that they had ghostwritten portions of the report filed under Cabrera's name.
157. The RICO Defendants and their co-conspirators have never disclosed, and have
still not admitted, the relationship between Cabrera and the Lago Agrio Plaintiffs to the Lago
Agrio court. Indeed, they have failed to disclose this fact even though as early as May 20 I 0, one
of the conspirators, IIann Maazel of Emery Celli, conceded in internal correspondence that
"neither Cabrera nor plaintiffs disclosed a submission from plaintiffs that contained drafts of part
of the expert report written by Stratus" and another, Jonathan Abady of the same firm, described
the relationship as the "wholesale adoption of Stratus work product w/o attribution." And
Donziger himself has now conceded that he "do[ es]n't think" the Cabrera Report's statement of
authorship-"[t]his report was written by expert engineer Richard Stalin Cabrera Vega"-"is
accurate" and that Stratus ultimately gave Cabrera "a substantial amount of material," including
"an actual report with annexes in Cabrera's name." Yet the RICO Defendants still have not
acknowledged the truth. As recently as January 20 II, the RICO Defendants filed a brief in the
Third Circuit stating that "[t]he Ecuadorian court was and is well aware of the Ecuadorian
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