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

assembled a team of experts” because “[t]here’s some detail here that is going to hurt
the case.” 185 A few months later, Mr. Fajardo wrote separately to state that these
scenes “are so serious that we can lose everything or a lot just because of those few,
miniscule images,” and again urged that they “be corrected or removed.” 186 In another
email, Mr. Fajardo, pleads with the filmmakers to remove scenes showing Mr. Beristain
and Mr. Maldonado: “Those two guys must not appear in the documentary at all!” 187
Mr. Fajardo emphasizes that if the two remain in the film, “the entire case will simply fall
apart on us.” 188 In further recognition of their damning effect, Mr. Donziger offered to
split the costs of making these deletions. 189 In addition to erasing evidence of their
fraudulent work with Mr. Cabrera, Mr. Donziger also wanted to minimize his contacts
with the Government, saying that inclusion of his quote that “we have just achieved
something important in the case, we are now friends with the President,” would be “just
devastating for the case in light of Chevron’s arguments.” 190 Mr. Donziger also
requested that his assessments of the Ecuadorian judiciary—such as “‘there are almost
no rules here’” and “‘it makes me sad that the courts are so utterly weak’”—be
“removed” from the film. 191 This telling new evidence confirms that plaintiffs were fully
aware of the impropriety of their actions and actively attempted to conceal them.
185 Notes from Steven Donziger to Joseph Berlinger, dated October 27, 2008, attached as
Annex 5 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (offering his comments and suggestions on Crude) (JB01522).
186 E-mail from Pablo Fajardo to Mike Bonfiglio et al., dated Jan. 22, 2009, at 1:03 p.m., attached
as Annex 6 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at
4:21 p.m. (JB-NonWaiver00091322).
187 E-mail from Pablo Fajardo to Mike Bonfiglio, dated Dec. 25, 2008, at 10:19 p.m., attached as
Annex 4 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (MB-STIP00097061).
188 E-mail from Pablo Fajardo to Mike Bonfiglio, dated Dec. 25, 2008, at 10:19 p.m., attached as
Annex 4 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (MB-STIP00097061).
189 E-mail from Mike Bonfiglio to Joseph Berlinger, dated Jan. 28, 2009 at 3:58 p.m., attached as
Annex 6 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (JB-NonWaiver00009135); Official Transcript of Deposition of Joseph Berlinger, at 294:25-295:11,
Nov. 5, 2010, attached as Annex 12 to Chevron’s Second Supplemental Motion for Terminating
Sanctions, filed Dec. 8, 2010 at 4:21 p.m.
190 Notes from Steven Donziger to Joseph Berlinger, dated October 27, 2008, attached as
Annex 5 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (offering his comments and suggestions on Crude) (JB01523); see also the e-mail from Mike
Bonfiglio to Joseph Berlinger, dated December 17, 2008, at 1:16 a.m., attached as Annex 6 to Chevron’s
Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21 p.m. (JB-
NonWaiver00063288).
191 Notes from Steven Donziger to Joseph Berlinger, dated October 27, 2008, attached as
Annex 5 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (offering his comments and suggestions on Crude) (JB01520-21); see also the e-mail from Mike
Bonfiglio to Joseph Berlinger, dated December 17, 2008, at 1:16 a.m., attached as Annex 6 to Chevron’s
Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21 p.m. (JB-
NonWaiver00063288); Official Transcript of Deposition of Joseph Berlinger, at 72:11-19, Oct. 28, 2010,
CERT. INTERMARK VER: JD
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