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

The illicit nature of plaintiffs’ conduct has also been acknowledged in newly
obtained sworn testimony from one of the plaintiffs’ own attorneys who claims to not
have been directly involved in these events.
Similarly, when Joseph Kohn, a U.S. lawyer whose law firm was funding the litigation in
Lago Agrio, learned of the evidence that the plaintiffs had colluded with Mr. Cabrera, he
wrote in a letter to the plaintiffs’ team:
We now find out that there may have been extensive, systematic contacts,
orchestrated by Donziger, and with your participation and agreement, which
have threatened the entire case. . . .
I am also shocked by recent disclosures concerning potentially improper and
unethical, if not illegal, contacts with the court-appointed expert, Mr. Cabrera,
which are coming out in the U.S. discovery proceedings being initiated by
Chevron. Not only did we not know of any of this conduct, it is contrary to the
assurances that Donziger and you made to us on numerous occasions. . . .
Finally, and most disturbing and shocking to our firm are recent revelations in
Chevron’s discovery of the extent of contacts with Cabrera, which our firm
had no knowledge of and never would have approved. Indeed, it appears to
me that the outright refusal to provide us with any information about Cabrera’s
report were intended to hide from us what may have been outrageously
improper conduct. 194
(continued…)
attached as Annex 12 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8,
2010 at 4:21 p.m.
194 Letter from Joseph Kohn to Pablo Fajardo, et al., dated Aug. 9, 2010, at 2, 5, 6, attached as
Annex 1 to Chevron’s Third Supplemental Motion for Terminating Sanctions, filed Dec. 20, 2010 at 4:30
p.m. (DONZ00026949)
CERT. INTERMARK VER: JD
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