hLpb5

312. Donziger has been working to prevent Chevron's discovery of the RICO
Defendants' scheme for years. On or before September 17,2007, the RICO Defendants and their
co-conspirators induced one of their consultants, Mark Quarles, to sign a declaration, which was
submitted in an action pending in the Southern District of New York, stating that "Mr. Cabrera
and his team have acted independently from both the [Lago Agrio] plaintiffs and the defendant
.... " During Quarles's recent deposition in a Section 1782 proceeding, Quarles testified that the
statement concerning Cabrera's independence in his declaration was based on several days of
observation of the global assessment process in 2007, and also on specific false representations
by Donziger that Cabrera had written the work plan upon which the Cabrera Report was based.
He further testified that Donziger paid him to conduct his observations and sign the declaration.
Quarles testified that had he known that Cabrera was working directly with the lawyers for the
Lago Agrio Plaintiffs (i.e., the RICO Defendants), he would not have signed the declaration.
313. Recent document productions from Donziger have further revealed that not only
did Donziger push Quarles to swear to Cabrera's independence, he pressed for stronger
language, and asked Quarles to remove language that would have hurt the RICO Defendants if
the true facts were known. On September 16, 2007, Donziger sent Quarles an email attaching
Quarles's draft declaration. Where Quarles had written a paragraph discussing the qualifications
of Cabrera's team, Donziger requested that he replace that language with statements that
Donziger knew to be utterly false: "Mr. Cabrera has at all times acted independently from both
the plaintiffs and the defendant. At no time has Mr. Cabrera entertained suggestions or even met
with plaintiffs or their representatives regarding his current work plan." Donziger then told
Quarles to delete language suggesting that if any such contacts had taken place, "a degree of
biasness would have been introduced into the sampling plan." Quarles accepted Donziger's
request to delete the "biasness" passage, and ultimately signed a version containing the core of
the false claim of independence.
314. More recently, when the conspirators learned that Chevron would be taking Dr.
Calmbacher's deposition in a Section 1782 proceeding, the RICO Defendants attempted to stop
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