hLpb5

Maazel of Emery Celli, knew that the Beristain footage would turn out to be much less damaging
than what he knew the outtakes would contain: "a meeting with Steve, Pablo, Stratus, and
Cabrera," as he informed his co-counsel when the Second Circuit's order compelling production
was announced.
306. Judge Kaplan noted that Berlinger's representations regarding the contents of
those outtakes, which were adopted by the RICO Defendants through their agent and co­
conspirator Emery Celli have "proved inaccurate." Judge Kaplan observed that "[t]hese and
similar instances are worrisome in considering their present claims."
307. In addition to the false statements concerning Crude, the conspirators have made
misrepresentations in two other cases before the Southern District of New York. One of those
cases was brought by the Republic of Ecuador and Petroecuador and the other was filed by the
RICO Defendants (ostensibly on behalf of the Lago Agrio Plaintiffs), through their agent and co­
conspirator Emery Celli, in an attempt to stay the Treaty Arbitration Chevron had commenced as
a result of Ecuador's failure to abide by the terms of the 1998 Final Release. In making false
statements about Cabrera in both proceedings in related actions before this Court, the RICO
Defendants have attempted to deceive the Court.
308. On January 14, 2010, co-conspirator Emery Celli filed an action ostensibly on
behalf ofthe Lago Agrio Plaintiffs in the United States District Court for the Southern District of
New York, seeking a couli order compelling Chevron to stay the bilateral investment treaty
proceeding. The complaint alleged that "[t]he best and most recent independent estimate
available of the human health impact of this contamination is provided by the neutral Special
Master [Cabrera] appointed by the [Lago Agrio] court to provide advice on damages." (emphasis
added). It further stated that "Dr. Cabrera appointed a team of 14 technical officials," and that
"the final report [was] produced by the Cabrera team . ... " (emphasis added).
309. This complaint also alleged that "[ e ]nvironmental remediation experts from the
United States have reviewed the Cabrera report and found its conclusions reasonable and its
damages assessment consistent with the costs of other large environmental clean-ups around the
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