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in other Section 1782 proceedings demonstrated that Powers had been a key participant in the
RICO Defendants' scheme. Indeed, one of the RICO Defendants' own attorneys had written,
that "we are getting an indication from these documents how important a player Bill Powers was
in this whole thing. He has substantial knowledge and involvement in the Cabrera Report
drafting." Ultimately, Powers confirmed in his deposition that he had drafted the annexes to the
initial Cabrera Report and substantial portions of the supplemental Cabrera Report.
277. The RICO Defendants also falsely denied contact with other Cabrera team
members. The District of New Jersey granted Chevron's application for discovery from another
ofthe conspirators, UBR, on the basis that while that firm was a paid consultant to the RICO
Defendants, one of its employees, Juan Cristobal Villao Yepez, was disclosed as one of the
authors of the Cabrera Report. On appeal, the RICO Defendants told the Third Circuit Court of
Appeals that it should reverse, because there was no evidence supporting Chevron's claim that
Villao had any connection to Cabrera, or that he had worked for UBR when he was supposed to
have been working with Cabrera. But several months later, when this District ordered Defendant
Donziger to produce his own files, they revealed that Donziger and other RICO Defendants had
had direct communications with Villao regarding his contribution to the Cabrera Report. And
Donziger himself has now admitted that Villao worked for both Cabrera and the RICO
Defendants. Nonetheless, the RICO Defendants have taken no action to remedy their
misrepresentations to the Third Circuit. In internal correspondence, they have, however,
discussed the situation regarding Villao and whether to publicly acknowledge that the Cabrera
Report was ghostwritten by the RICO Defendants and their co-conspirators, commenting on their
concern at being accused of "perpetuation of the fraud." Andrew Wilson of Emery Celli, for
example, warned Donziger to be "[ c Jareful" because it is "not clear our relationship with Villao
was disclosed."
278. In their internal communications, the RICO Defendants and their co-conspirators
have recognized that their denials did not square with the facts. In May 2010, one of the Lago
Agrio Plaintiffs' U.S. lawyers wrote that their characterization that Cabrera had "considered"
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