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contract with Dr. Peter N. Jones of Bauu Institute whereby he agreed to review the Cabrera<br />

Report and provide comments in a conversation with Stratus. Such fraudulently obtained<br />

endorsements, along with Stratus's own evaluation-falsely touted as "independent"-served to<br />

further enhance the value of the Cabrera Report in the RICO Defendants' and their co-<br />

conspirators' media pressure campaign targeted at forcing Chevron to pay them off.<br />

(vi) The RICO Defendants' Payments to Cabrera for Work<br />

He Did Not Perform<br />

185. The perceived independence of the Cabrera Report was essential to the RICO<br />

Defendants' plan. Independence was the key to its credibility with the press, the public, and the<br />

other parties whose endorsements the RI CO Defendants and their co-conspirators needed. Of<br />

course, the perception of independence would be lost ifit was known that the RICO Defendants<br />

and their co-conspirators wrote the report themselves, and keeping this secret required Cabrera's<br />

cooperation. And if the Cabrera Report were perceived as untrustworthy, the RICO Defendants<br />

would be at a loss to demonstrate Chevron's liability, not to mention the "damages" they hoped<br />

to recover. Accordingly, when the RICO Defendants arranged for the court to abandon the<br />

judicial inspection process and appoint Cabrera as a "global" expert, they also insisted that the<br />

parties should pay for this process, and directly paid Cabrera over $263,000, despite the fact that<br />

Chevron objected throughout to the improper new process and refused to fund it. These<br />

payments began immediately. Just weeks after Cabrera's appointment had been publicly<br />

announced, but before he was officially sworn in to commence his work, Yanza wrote to<br />

Donziger and told him, "We have met with Richard and everything is under control. We gave<br />

him some money in advance." Some payments were made through a "secret account," through<br />

which Kohn funneled tens ofthousands of do liars to Cabrera, apparently in excess of the<br />

$263,000 paid to Cabrera through Selva Viva. As it is now clear that Cabrera did not write the<br />

report, the only purpose for these payments, which were made by Defendant Selva Viva and<br />

funded by Kohn or Kohn Swift, must have been to buy Cabrera's cooperation and silence<br />

regarding the true authorship of the report.<br />

74

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