https://www.businesswire.com/news/home/20160808006005/en/U.S...
https://www.vice.com/en_us/article/neye7z/chevrons-star-witn...
The appellate court could have and would have considered this, and decided that it did not reverse the finding of the lower court.
https://theamazonpost.com/wp-content/uploads/2016/08/CA2-Opi...
Notably, their appeal didn't even challenge the factual findings of the lower court with regards to their own corruption. So, there isn't even any real dispute about that. They did obtain the verdict corruptly, what they attempted to challenge was the legal authority of the lower court to overturn the Ecuadorian decision, and the appellate court rejected that.
I'm no legal expert, but I'm pretty sure it's a bad sign when your attorney doesn't want documents disclosed to the court because "the effects are potentially devastating in Ecuador (apart from destroying the proceeding, all of us, your attorneys, might go to jail)"... and then that e-mail gets obtained by the court.
> In 2014, after a full trial before Judge Kaplan, Donziger and the other defendants were found guilty of engaging in conspiracy and criminal conduct.
> “Donziger and the Ecuadorian lawyers he led corrupted the Lago Agrio case. They submitted fraudulent evidence. They... falsely presented [a damages assessment] as the work of the court-appointed and supposedly impartial expert, and told half-truths or worse to U.S. courts in attempts to prevent exposure of that and other wrongdoing. [They] wrote the Lago Agrio court’s Judgment themselves and promised $500,000 to the Ecuadorian judge to rule in their favor and sign their judgment,” Judge Kaplan found. “If ever there were a case warranting equitable relief with respect to a judgment procured by fraud, this is it.”
> The ruling was affirmed by a decision issued by the Second Circuit Court of Appeals in August 2016, with the appellate court finding “no basis for dismissal or reversal” of the district court’s judgment, noting that “the record in the [case] reveals a parade of corrupt actions… including coercion, fraud and bribery, culminating in the promise to Judge Zambrano of $500,000 from a judgment in favor of the [plaintiffs].”
So...it seems like he probably did engage in corruption to secure the original verdict.