-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

amount of money, and there are no assurances that the Frente has not
used it to pursue this case.
Relatedly, an outtake from the movie Crude shows a meeting between the
plaintiffs’ representatives and Ms. Anita Alban, then Ecuador’s Minister of the
Environment. She is seen explaining that the Government was “helping” the plaintiffs
by, among other things, setting up a corporation with them to manage all of the
remediation work flowing from a future (and assumed) Lago Agrio judgment and
providing “the support that we can.” 587
Third, and even more significantly, the Government is attempting to promote the
plaintiffs’ cause through bogus criminal charges. As discussed below, the plaintiffs’
demand for remediation is barred by the Settlement Agreement signed with the
Government of Ecuador and the respective local Governments (the municipalities in the
concession area and the Provincial Council), which released TexPet from any
responsibility for environmental conditions in the former concession area. See infra
§ 5.2. The plaintiffs and the Government of Ecuador thus attempted from the early
stages of the lawsuit to nullify such Settlement Agreement, claiming that they were
“fraudulent.” In one email to the Attorney General’s Office, an attorney for the plaintiffs
wrote: “If at some point we want the Government and the Attorney General to play for
our side, we must give them some ability to maneuver.” 588 During the same exchange,
Deputy Attorney General Martha Escobar stated:
[T]he Attorney General’s Office and all of us working on the
State’s defense were searching for a way to nullify or
undermine the value of the remediation contract and the final
acta and . . . our greatest difficulty [lies] in the time that has
passed . . . . The Attorney General remains resolved . . . to
criminally try those who executed the contract (that also
seems unlikely to me, since the evidence of criminal liability
established by the Comptroller’s Office was rejected by the
prosecutor). 589
(continued…)
attached as Annex 20 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8,
2010 at 4:21 p.m.; President Correa’s Radio Address, Radio Caravana (Apr. 28, 2007).
587 Transcript of Crude Outtakes, attached as Annex 2 to Chevron’s Motion filed Sept. 16, 2010 at
4:35 p.m. (CRS 421-00-03).
588 E-mail from A. Wray dated Aug. 5, 2005 at 4:33 p.m., attached to Chevron’s Objections to
Expert Cabrera’s Global Report, filed Sept. 15, 2008 at 2:14 p.m., Record at 141204-07, 141207.
589 E-mail from M. Escobar dated Aug. 10, 2005 10:58 a.m., attached to Chevron’s Objections to
Expert Cabrera’s Global Report, filed Sept. 15, 2008 at 2:14 p.m., Record at 141204-07, 141206-07.
Attempting to conceal the Government’s coordination with and assistance to the Lago Agrio plaintiffs,
Deputy Attorney General Escobar falsely testified under oath that she, in her official capacity, had not had
any contact with the plaintiffs’ representatives. Before being confronted with the e-mails discussed in the
CERT. INTERMARK VER: JD
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