hLpb5

(vii) The RICO Defendants' Attempt to Launder the
"Cabrera Report"
190. Despite the RICO Defendants' concerted efforts to conceal the true authorship of
the Cabrera Report, Chevron has uncovered significant elements of the nature and extent of their
pervasive fraud, through discovery in U.S. courts pursuant to 28 U.S.C. § 1782. See paragraphs
270-323 infra. This partial picture of the truth coming to light, however, has not stopped the
RICO Defendants from seeking and obtaining a massive judgment based on "Cabrera's" report.
Instead, they have sought to whitewash the Cabrera Report by, for all intents and purposes,
submitting it-again-to the Lago Agrio court, only this time with new names attached. On
September 16,2010, the RICO Defendants filed seven new "expert" reports with the Lago Agrio
court, through which they now demanded $113 billion in damages.
191. These seven new expert reports purport to be independent. In reality, however,
they are a repackaging of Cabrera's flawed and fraudulent report. Donziger discussed this plan
with his co-conspirators at Patton Boggs, expressing his concern that they were not moving
quickly enough to file the new expert reports. As Donziger reported, "The Ecuador team is
getting nervous that there is an increasing risk that our 'cleansing' process is going to be outrun
by the judge and we will end up with a decision based entirely on Cabrera. Absent our
intervention ASAP, they believe the judge could issue autos para sentencia in about 3-4 weeks,
which would in effect bar our remedy to the Cabrera problem." In another conversation, one of
the co-conspirators at Patton Boggs, Adlai Small, told Donziger, "One overarching theme to
think about throughout this process is how we want the new expert to address the Cabrera report
and its conclusion. While our new expert will most likely rely on some of the same data as
Cabrera (and come to the same conclusions as Cabrera), [d]o we think the expert should make
specific mention of such consistencies?" Small went on to explain to Donziger that he thought
they should attempt to structure the new expert reports in such a way that they might rehabilitate
the tainted Cabrera Report to some degree, so that someone presented with the new reports
"might feel comfortable concluding that certain parts of Cabrera are a valid basis for damages."
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