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and then holding out the Cabrera Report as independent and neutral when it decidedly was not.
The ultimate objective ofthe RICO Defendants' scheme or artifice to defraud is to coerce
Chevron into making a multi-billion dollar payment that will directly benefit the individual and
organizational RICO Defendants.
354. In furtherance of their scheme, and as described herein, the RICO
Defendants transmitted, or caused to be transmitted, by means of wire communication in
interstate or foreign commerce, writings, signs, signals, pictures, and sounds, and also caused
matters and things to be placed in any post office or authorized depository, or deposited or
caused to be deposited matters or things to be sent or delivered by a private or commercial
interstate carrier, including, but not limited to, the following:
a. emails and website postings incorporating false and misleading
statements regarding the Cabrera Report;
b. wirings and/or mailings between and among the RICO Defendants
concerning the preparation of the report in the United States that
was submitted to the Lago Agrio court by Cabrera;
c. communications directed toward U.S. state and federal government
officials and regulators incorporating false and misleading
statements regarding Chevron's liability in the Lago Agrio
Litigation;
d. funds transferred by Kohn and/or Kohn Swift to the RICO
Defendants, with the intent that those funds be used to promote the
carrying on of the RICO Defendants' criminal activities; and,
e. electronic filing and service of court papers containing false and
misleading statements intended to impede the operation of those
courts.
355. Chevron incorporates by reference the attached Appendix B, which sets
forth particular uses of wire and mail communications in furtherance of the RICO Defendants'
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