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293. The RICO Defendants have also made the false claim, first before the District of
Colorado and then before other courts, that Cabrera disclosed his contacts with the conspirators
in his report. In support of this new position, they specifically referred to a citation in the
Cabrera Report which they quoted as, "Excerptsfrom . .. Selva Viva 2002-2006" (emphasis and
alteration in original). But the full citation, without the conspirators' carefully placed ellipses,
plainly referred to a specific set of documents related to the judicial inspections, and does not
disclose anything resembling the wholesale ghostwriting that actually occurred.
294. The RICO Defendants and their co-conspirators also claimed that their
submissions to Cabrera were "privileged," and that Ecuadorian law permitted parties secretly to
submit materials to court officials without disclosing those materials to other parties. In support
of this claim, the RICO Defendants and their co-conspirators submitted a declaration that cited
no legal authority whatsoever.
295. In another attempt to excuse their conduct, the RICO Defendants and their co-
conspirators have falsely asserted that their conduct was no different from Chevron's relationship
with other court experts. But the RICO Defendants know that there is no "real comparison" to
be made and that any such comparison would not be "legitimate," as Eric Westenberger, an
attorney at Patton Boggs, wrote to Donziger and others back in July 20 I O.
296. Indeed, the RICO Defendants' internal correspondence is replete with
admissions that they were relying on unsupportable theories and distinctions to avoid disclosure.
In March 20 I 0, Andrew Woods learned from Donziger of the circumstances surrounding the first
of several withdrawals by counsel representing the RI CO Defendant in the Stratus Section 1782
proceedings. He immediately advised Donziger to seek outside counsel regarding his potential
personal liability for the manufacturing of the Cabrera Report. Donziger did so, and immediately
thereafter began creating a false record that tried to put the blame for the misconduct on his
Ecuadorian colleagues, writing a memo to "file" asserting that he had been misled.
297. But then in an April 2010 letter to his co-conspirators, Donziger bluntly
acknowledged that their relationship with Cabrera was "a violation of local court rules," and
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