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Case 0:08-md-01916-KAM Document 914-2 Entered on FLSD Docket 10/13/2015 Page 1 of 30

Exhibit 2

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From:
To:
Cc:
Subject:
Date:
Attachments:

William Wichmann
Duraiswamy, Shankar
Arvelo, Jose; Miguel Pastrana
Carrizosa Plaintiff"s compliance with August 6th Order
Friday, August 07, 2015 9:21:45 AM
PowerPoint.pdf
ATT00002.htm

Shankar:
Attached is the power point presentation that was used in state court at the May 2,
2014 (Mangones script).
Pages 8 & 9 are specific to the script.
Bill Wichmann

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TIMELINE
IMELINE
Scherer wants
Collingsworth
and Latin
American cases

Wichmann
declines case
and tells
Scherer

Conrad & Scherer


(Collingsworth and
Mindy Drath) approve
witness payments

Scherer pressures
Wichmann to sue Dole

Scherer still
wants
Collingsworth
and cases

Wichmann refuses

Inducement
to witnesses
Report in

California order

Oct. 16, 2007

Improper

DX 14

DX 10

Drummond
DX 17A

Sept. 12, 2007


Warning
email from
Wichmann to
Scherer

Rule 11
sanction and
award of
attorneys
fees and
expenses and
judgment lien

Apr. 14, 2008

Dec. 31, 2008

Feb. - Mar. 2009

Rumor of
witness
payments
in Colombia

1 year contract
with Wichmann
expires, Conrad
Scherer does not
renew.

MoneyGrams
from Conrad &
Scherer through
runner Richard
Gordon

DX 2 & 3

DX 6

Supreme Court

of Florida
DX 17B

DX 7
DX 12

2006

2008

2007

2009

2010

2013

2014

Nov. 16, 2006

May & Dec. 2007

Jan. 2008

July 2, 2008

2008 - 2009

Feb. 23, 2009

Feb. 27, 2009

July 7, 2010

2013

2014

Texaco/Chevron
email from
Collingsworth
to Wichmann

Wichmann brings
Latin American cases
to Conrad & Scherer

Collingsworth
and D.C. office
join Conrad
& Scherer

Collingsworth
and Scherer give
script to witness
(Mangones/
Tijeras) Dole/Chiquita

Payments from
Conrad &
Scherers D.C.
and Ft.
Lauderdale
offices to
Colombian
witnesses

Wichmann
leaves Conrad
& Scherer

Conrad &
Scherer sues
Wichmann

Conrad &
Scherer sues
Dole-California

Conrad &
Scherer admits
witness
payments Drummond
Company

Conrad &
Scherer witness
payments back
in 2010 - Dole

Questions
about case

DX 4 & 5

DX 8 & 9

Trust my
judgment
on this.

Court finds
witness
Mangones/
Tijeras
unreliable

DX 11

Case dismissed
DX 1

DX 13

DX 15

DX 16A & 16B

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Rule 11 sanction and award


of attorneys fees and
expenses and judgment lien

The ultimate question is who should


bear the expense incurred by the
defense in demonstrating that the
cancer claims of three plaintiffs herein
were baseless. Every incarnation of the
complaint herein alleged that plaintiffs
Gloria Chamba, ...had contracted
cancer (or represented a family
member that had contracted cancer)
from the Ecuador oil operations of
defendants Texaco Inc., Texaco
Petroleum Company, Inc., and Chevron
Corporation. Depositions eventually
proved this claim to be false - they
concededly have never had cancer at
all - and their claims were dismissed.
...This order holds that plaintiffs
counsel did not reasonably and
competently investigate whether these
plaintiffs actually had cancer before
filing suit.

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Rule 11 sanction and award


of attorneys fees and
expenses and judgment lien

...But Attorneys Collingsworth and


Hoffman likewise signed pleadings
without reasonable and competent
investigation. The totality of all of their
inquiry was so minimal as to be
unreasonable and incompetent.
CONCLUSION
For the above reasons, this order
GRANTS sanctions against Attorney
Bonifaz, Collingsworth, and Hoffman in
the amounts stated above.

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Script to
Mangones/Tijeras
How were these payments
from Dole made?
Dole paid in cash. Our
treasurer, Poncho, went to
the manager of each finca
and collected the cash for
me.

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California Order
#10

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Scherer sues
Dole - California
Case Dismissed

Finally, defendant disputes plaintiffs


almost exclusive reliance on the
declaration of Jose Gregorio Mangones
Lugo (Mangones), a former AUC leader
now in the custody of the colombian
government. This witness declaration is
not only riddled with inaccuracies, but his
entire testimony is inherently unreliable
due to the unique circumstances in which
Mangones finds himself.
The court shares Doles concerns
regarding the reliability of this witness
testimony. Mangones has an obvious
incentive to manufacture these
accusations. As part of Colombias
Justice and Peace process, this former
terrorist was allowed to serve minimal jail
time for his horrific actions in exchange
for a confession of his terrorist crimes,
and for evidence regarding the
collaboration of major business interests
in these wrongdoings.

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Conrad & Scherer


admits witness
payments - Drummond

This discovery dispute arises out of a


libel action filed by Drummond
Company, Inc. (hereafter, Drummond)
in the Northern District of Alabama
against Terrence Collingsworth, Esq.
and his law firm, Conrad & Scherer, LLP
(hereafter, Defendants)...

...Drummond contends that there is


evidence Defendants paid over $90,000
to witnesses in Colombia who have
offered testimony against Drummond.
Defendants do not dispute that they
made payments,...

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Improper Inducement
to witnesses

...In my opinion, if Mr.


Collingsworth or his team paid
the legal fees of fact witnesses
in their ancillary criminal
proceedings, or provided
counsel free of charge in those
criminal proceedings, such
would constitute an improper
inducement to the witness and
a clear violation of Rule 3.4(b)...

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Improper Inducement
to witnesses

...A lawyer shall not:


(b) fabricate evidence,
counsel or assist a witness
to testify falsely, or offer an
inducement to a witness,...