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allegedly "independent" Cabrera Report upon which the Prosecutor General expressly relied
when he filed the charges against Veiga and Pallares.
212. After the sham criminal charges were procured, the RICO Defendants reprised
their "private army" and engaged in direct threats against Veiga and Perez. On October 5, 2009,
Defendant Yanza, among others, enlisted the help of local citizens in parading crude effigies of
Veiga, Perez, and other Chevron executives in front of the courthouse in Ecuador. At the
concluding rally, Yanza and others gave speeches and threatened to "kick [Perez's] ass" and
"bury [Chevron'S lawyers] in the ... pit." The protestors announced the "crimes" of each
Chevron executive and a man dressed as the Grim Reaper mimed beheading each of the effigies
with his scythe before placing the "bodies" in a coffin. The protesters then carried the coffin into
the jungle, dug a shallow grave, and buried the Chevron executives in effigy.
213. The criminal charges against two of Chevron's attorneys are a direct result of the
collusion between the RICO Defendants and their co-conspirators and the Republic of Ecuador.
The issuance of these baseless charges and the threats of violence against Chevron's attorneys
were firm but also a thinly veiled extortionate threat to Chevron: If you do not settle the Lago
Agrio Litigation on our terms we will have your employees imprisoned-or worse. Indeed, as
Judge Kaplan ofthe Southern District of New York noted, evidence shows that Donziger and his
colleagues have "attempt[ ed] to procure criminal prosecutions for the purpose of extracting a
settlement [from Chevron]," and that the prosecutions "appear[] to have been instigated by
Donziger and others working with him for the base purposes of coercing Chevron to settle and
undermining a significant element of its defense in Ecuador, the release it obtained from the
[Republic of Ecuador]." Likewise, in 2010, the U.S. State Department reported that "[c]riminal
complaints and arrest warrants against foreign company officials" are used in Ecuador "to
pressure companies involved in commercial disputes." That is exactly what has occurred here.
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