hLpb5

not reflect substantial differences in costs between the U.S. and Ecuador, and are often
meaningless outside the larger U.S. regulatory context. For example, the report asserts that the
cost of remediating the pits-including the imaginary ones-would be $2.2 million per pit. This
is 25 times greater than Petroecuador's average actual cost of ongoing pit remediation at $85,000
per pit.
171. Other intentional errors abound. Even though Cabrera did not take a single
sample of drinking water and despite the existence of literally dozens of public drinking water
systems in the concession area, the report assesses $428 million in damages for potable water
systems. The conspirators also included $8.4 billion in damages for "unfair profits" TexPet
allegedly earned, a penal levy that the Lago Agrio Plaintiffs never requested in their complaint,
and included allocations such as millions of dollars to create a husbandry farm to produce
hunting game for local residents.
172. Finally, the RICO Defendants relied on unreliable, manipulated sampling data
that they selected in order to maximize their damages claims. While claiming to use independent
laboratories, the RICO Defendants actually processed much of the material themselves, often at a
makeshift lab in a hotel room, which they referred to as "Selva Viva Labs." This work was so
shoddy, however, that they sometimes had to simply "lose" reports that would not stand up to
any review. They would also change their analysis when the results were not coming out the
way they wanted. For example, in 2004 they stopped analyzing for certain contaminants because
they realized that the presence of those contaminants in the samples would "show that the
contamination is much more recent than we would desire," thus indicating that the source was
Petroecuador activity after TexPet ceased operations.
173. The Cabrera Report also unilaterally expanded the scope of Cabrera's mandate
and went far beyond the expertise of his publicly disclosed team by addressing additional issues
unrelated to the Lago Agrio Plaintiffs' claims for environmental remediation and medical
monitoring. Despite the failure to identify a single individual with cancer or produce a single
medical report, the report initially assessed $2.9 billion for "excessive cancer deaths" and then
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