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increased that to $9.5 billion in the November 2008 filing, ostensibly based on just over a page<br />

of additional discussion. The report did not use any scientifically accepted method to link cancer<br />

to the consortium's operations; instead of using official data, the "excessive" cancer deaths were<br />

"assessed" on the basis of self-reporting at group meetings with undisclosed members of the<br />

local population conducted by purported member of the Cabrera team Carlos Beristain, who was<br />

in fact working at the direction of the RICO Defendants and their co-conspirators.<br />

174. The Cabrera Report and its subsequent supplement were not the only documents<br />

filed under Cabrera's name which were secretly written by the RICO Defendants. On November<br />

5,2007, Cabrera filed a statement with the Lago Agrio court alleging that he had been subjected<br />

to threats and harassment, and that he was constantly under surveillance by unknown parties.<br />

But while this notice was signed by Cabrera, it was prepared for him by the RICO Defendants.<br />

Donziger has admitted, however, that he had no concrete evidence for the allegations in the<br />

notice that Cabrera was in "serious danger."<br />

(v) The RICO Defendants' Fraudulent Endorsements of<br />

Their "Cabrera Report" and Procurement of Other<br />

Endorsements Through Misrepresentations<br />

175. The RICO Defendants and their co-conspirators sought almost immediately after<br />

filing the Cabrera Report to bolster it through the pUblication of endorsements of the report by<br />

Stratus itself-the report's secret author-and by third-party experts.<br />

176. After the conspirators filed their report under the name of court expert Cabrera,<br />

Donziger, Beltman, Maest, Fajardo, Yanza, and Hinton assembled again in Boulder, Colorado to<br />

discuss and manage the "[s]cientific and public relation response to [the] Cabrera report."<br />

During this meeting, they developed their plan to obtain multiple levels of endorsement of the<br />

report for use in the Lago Agrio court and the U.S. media. They also strategized about how to<br />

increase the already unfounded damages number contained in the Cabrera Report, developed a<br />

plan for responding to Chevron's criticisms of the report, and outlined a plan of attack on the<br />

media front. As Beltman later acknowledged in an email to Amazon Watch about the progress<br />

of their plan to procure fraudulent endorsements, "a big part of this will be for media."<br />

70

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