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

ecome the Cabrera Report, a note observed the "need to figure out to whom Richard
will attribute each of the annexes." 173 The consultants thus understood the "need" to
hide their own role. They also understood the need to hide the fact that the Cabrera
Report was initially written in English, with Mr. Beltman telling a colleague to treat “our
original English version as if it’s a translated version” of Cabrera’s work, rather than vice
versa. 174 One Stratus employee advised that, in their ghostwritten “responses” to
questions about the Cabrera Report, the consultants would try “to clean up the
language so it sounds more like the Perito.” 175 And Mr. Beltman acknowledged the
need to keep the material “in a form that someone in Ecuador could have written,” to
evade detection of the fraud. 176 In a similar vein, Mr. Beltman by e-mail reminded
Mr. Donziger that a report drafted by another of plaintiffs’ consultants, William Powers,
needed to have “his name taken off” before it could be used. 177 Likewise, a third
plaintiffs’ consultant, Richard Clapp, drafted one report that “was incorporated into the
expert report as an annex pretty much as is,” and another that “will probably appear in
the expert’s response to comments.” 178 Mr. Beltman warned Mr. Donziger not to show
anyone these reports under Mr. Clapp’s name, “thereby distributing proof” of their true
authorship. 179 And before a meeting between Mr. Donziger and a U.S. Congressman,
Mr. Beltman emphasized that a report authored by Mr. Clapp “CANNOT go into the
(continued…)
see also Official Transcript of Deposition of Douglas John Beltman at 95:19-21, 98:24-99:7, dated Oct. 6,
2010, attached as Annex 12 to Chevron’s Motion filed Oct. 29, 2010 at 5:20 p.m.
173 E-mail from Douglas Beltman to Steven Donziger, dated March 11, 2008, at 2:22 p.m.
(attaching outline of report) (STRATUS-NATIVE067410, 067418), attached as Annex 10 to Chevron’s
Motion filed Oct. 29, 2010 at 5:20 p.m.
174 E-mail from Douglas Beltman to Brian Lazar, dated July 28, 2008, at 3:12 p.m. (STRATUS-
NATIVE044716), attached as Annex 10 to Chevron’s Motion filed Oct. 29, 2010 at 5:20 p.m.
175 E-mail from Jennifer Peers to Ann Maest and Doug Beltman, dated Oct. 27 2008 at 4:59 p.m.,
attached as Annex 10 to Chevron’s Motion filed Oct. 29, 2010 at 5:20 p.m. (STRATUS-NATIVE051388-
89).
176 E-mail from Douglas Beltman to Jennifer Peers and Ann Maest, dated October 29, 2008 at
5:29 p.m., attached as Annex 8 to Chevron’s Second Supplemental Motion for Terminating Sanctions,
filed Dec. 8, 2010 at 4:21 p.m. (STRATUS-NATIVE053480).
177 E-mail from Douglas Beltman to Steven Donziger, dated March 23, 2008, at 4:02 a.m.
(STRATUS-NATIVE063676), attached as Annex 10 to Chevron’s Motion filed Oct. 29, 2010 at 5:20 p.m.
178 E-mail from Douglas Beltman to Steven Donziger, dated Nov. 6, 2008, at 9:20 a.m.
(STRATUS-NATIVE065062), attached as Annex 10 to Chevron’s Motion filed Oct. 29, 2010 at 5:20 p.m.
179 E-mail from Douglas Beltman to Steven Donziger, dated Nov. 6, 2008, at 9:20 a.m.
(STRATUS-NATIVE065062), attached as Annex 10 to Chevron’s Motion filed Oct. 29, 2010 at 5:20 p.m.
Similarly, in an email discussion concerning which materials to send to a reporter, Mr. Beltman advised
that certain photos not be sent “[b]ecause of potential similarities with Cabrera’s figures.” E-mail from
Douglas Beltman to Jennifer Peers et al., dated March 25, 2009, at 5:23 p.m., attached as Annex 8 to
Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21 p.m.
(STRATUS-NATIVE52245).
CERT. INTERMARK VER: JD
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