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

seen conceding in the Crude outtakes. 380 In an effort to conceal this fraud—and
because according to Mr. Donziger, "without our lab, we don't have evidence" 381 —the
plaintiffs repeatedly prevented the Twentieth Civil Court of Pichincha and Chevron from
conducting the inspections of the HAVOC laboratory ordered by that court. 382 En route
to block one of these inspections, Mr. Donziger explains on camera that in Ecuador,
“this is how the game is played, it’s dirty.” 383 Mr. Donziger also later admitted that he
had, “via intimidation, put an end to two lawsuits,” including “the one about the Havoc
inspections.” 384 And the plaintiffs’ nominated experts did not retain or provide complete
documentation for their sampling and analysis (such as the crucial chain of custody
forms), making it impossible to verify the scientific validity of their work. 385 Ultimately,
the pervasively biased process utilized by the plaintiffs’ nominated experts precludes
any confidence in the conclusions they reached.
Finally, the plaintiffs’ nominated experts egregiously misrepresented the results
of laboratory testing, claiming contamination where the data said otherwise. Likewise,
these experts altered and mistranslated quotations from scientific publications in order
to distort the text and support the plaintiffs’ baseless claims. They also applied the
wrong remediation standards to give the worst appearance possible to their (flawed)
data. 386 380 DOUGLAS, Gregory S., Refutation of Mr. Cabrera’s Analytical Data and Evaluation of the
Validity of his Sampling and Analysis Programs attached as Appendix to Chevron’s Objections to Expert
Cabrera’s Global Report, filed Sept. 15, 2008, at 2:14 p.m., Record at 148180-267, 148210; see also
Transcript of Crude Outtakes, attached as Annex 1 to Chevron’s Motion filed Sept. 16, 2010 at 4:35 p.m.
(CRS 068-00-02).
381 E-mail from Steven Donziger to Michael Bonfiglio et al., dated March 23, 2006 at 5:42 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-STIP00016392).
382 Chevron’s Oct. 19, 2006 Press Release, For the 6th Time the Judge is Impeded from Carrying
out the Judicial Inspection, attached as Appendix 2 to Chevron’s Objections to Expert Mora’s JI Report for
Shushufindi-25, filed Mar. 13, 2007 at 5:15 p.m., Record at 126743-127041, 126968-70.
383 See Transcript of Crude Outtakes, attached as Annex 1 to Chevron’s Motion filed Sept. 16,
2010 at 4:35 p.m., (CRS-052-00-5).
384 Diary of Steven Donziger, entry dated May 13 2006, at 6, attached as Annex 1 to Chevron’s
Third Supplemental Motion for Terminating Sanctions filed Dec. 20, 2010 at 4:30 p.m. (DONZ00023089).
385 Chevron Motion to Strike Judicial Inspection Reports at 20-21, 26-27, filed Aug. 6, 2010 at
2:30 p.m.
386 Chevron Motion to Strike Judicial Inspection Reports at 33-34, 36, filed Aug. 6, 2010 at 2:30
p.m.
CERT. INTERMARK VER: JD
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