U.S. District Court Northern District of Texas (Lubbock) CIVIL DOCKET for CASE #: 5:16−Cv−00211−C

Case: 5:16-cv-00211-C As of: 09/13/2016 03:31 PM CDT 1 of 4

JURY U.S. District Court Northern District of Texas (Lubbock) CIVIL DOCKET FOR CASE #: 5:16−cv−00211−C

Goldstein v. Climate Action Network et al Date Filed: 09/13/2016 Assigned to: Senior Judge Sam R Cummings Jury Demand: Plaintiff Cause: 18:1961 Racketeering (RICO) Act Nature of Suit: 470 Other Statutes: Racketeer Influenced and Corrupt Organizations Jurisdiction: Federal Question Plaintiff Leonid Goldstein represented by Leonid Goldstein 12501 Tech Ridge Blvd #1535 Austin, TX 78753 408−921−1110 Email: [email protected] PRO SE

V. Defendant Climate Action Network

Defendant Ceres Inc

Defendant Rockefeller Brothers Fund Inc

Defendant Generation Investment Management US LLP

Defendant Ford Foundation

Defendant The Pew Charitable Trusts

Defendant Greenpeace International Corp

Defendant Environmental Grantmakers Association Corp

Defendant The Consultative Group On Biological Diversity Corp

Defendant Sierra Club Foundation Corp

Defendant Case: 5:16-cv-00211-C As of: 09/13/2016 03:31 PM CDT 2 of 4

World Wide Fund for Nature Trust

Defendant US Climate Action Network Corp

Defendant Global Call for Climate Action Corp

Defendant Generation Investment Management LLP

Defendant Alliance for Climate Protection Corp

Defendant Fenton Communications Corp

Defendant World Wildlife Fund Inc

Defendant Greenpeace Inc

Defendant Greenpeace Fund Inc

Defendant Friends of Earth International Corp

Defendant Friends of the Earth US Corp

Defendant Friends of the Earth (Action) Inc

Defendant Environmental Defense Fund, Inc

Defendant Environmental Defense Action Fund Corp

Defendant Natural Resources Defense Council Inc

Defendant NRDC Action Fund Corp

Defendant Sierra Club Corp

Defendant Earthjustice Corp Case: 5:16-cv-00211-C As of: 09/13/2016 03:31 PM CDT 3 of 4

Defendant The Union of Concerned Scientists Inc

Defendant The Pew Memorial Trust

Defendant Howard Pew Freedom Trust

Defendant Mabel Pew Myrin Trust

Defendant J.N. Pew Jr Charitable Trust

Defendant The John D and Catherine T MacArthur Foundation

Defendant The William &Flora Hewlett Foundation

Defendant The David and Lucile Packard Foundation

Defendant Tides Foundation Corporation

Defendant Tides Center Corporation

Defendant Climateworks Foundation

Defendant The Energy Foundation

Defendant John and Jane Does 1−99

Date Filed # Docket Text 09/12/2016 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Leonid Goldstein. (Filing fee $400.00; Receipt number LU008789) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (egp) (Entered: 09/13/2016) 09/12/2016 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Leonid Goldstein. (egp) (Entered: 09/13/2016) Case: 5:16-cv-00211-C As of: 09/13/2016 03:31 PM CDT 4 of 4 09/12/2016 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (egp) (Entered: 09/13/2016) 09/12/2016 4 Notice and Instruction to Pro Se Party (egp) (Entered: 09/13/2016) 09/13/2016 ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Tue Sep 13 10:27:26 CDT 2016 (crt) (Entered: 09/13/2016) 09/13/2016 ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. address corrected for second clerk's notice to #1535 Tue Sep 13 10:31:07 CDT 2016 (crt) (Entered: 09/13/2016) 09/13/2016 5 Summons Issued as to All Defendants. (egp) (Entered: 09/13/2016) JS 44 (Rev. 07/16) CIVIL COVER SHEET Case 5:16-cv-00211-C Document 1-1 Filed 09/12/16 Page 1 of 1 PageID 70 The ~S 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except llii provtded by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of mttlatmg the ctvli docket sheet. (SEH INSTRUCTIONS ON NEX'J' PAGE OF THIS FORM) I. (a) PLAINTIFFS DEFENDANTS

LEONID GOLDSTEIN CLIMATE ACTION NETWORK et al.

(b) County of Residence of First Listed Plaintiff Travis County County of Residence of First Listed Defendant (EXChl'T IN U.S PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

{C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown) prose 5- t6 cv- 21 II. BASIS OF JURISDICTION (Placean "X"inOneBoxOnlyJ III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in one BoxfiJr Plaintiff (For Diversity Cases Only) and One Box for Defendant) 0 1 U.S. Government ~ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ~ 1 0 1 Incorporated or Principal Place 0 4 0 4 of Business In This State

0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 ~5 Defendant (Indicate Citizenship ofParties in Item III) of Business In Another State

0 3 QIC Foreign Nation 0 6 0 6

IV NATURE OF SUIT (Place an "X" in one Box Only)

0 11 0 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act 0 120 Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal 0 376 Qui Tam (31 USC 0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 usc 157 3729(a)) 0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment 0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical 0 410 Antitrust & Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 430 Banks and Banking 0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 450 Commerce 0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation Student Loans 0 340 Marine Injury Product Qi( 4 70 Racketeer Influenced ap.d (Excludes Veterans) 0 345 Marine Product Liability Corrupt Organizations 0 153 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (!395ft) 0 480 Consumer Credit of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) 0 490 Cable/Sat TV 0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 850 Securities/Commodities/ 0 190 Other Contract Product Liability 0 3 80 Other Personal Relations 0 864 SSID Title XVI Exchange 0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 890 Other Statutory Actions 0 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 891 Agricultural Acts 0 362 Personal Injury - Product Liability Leave Act 0 893 Environmental Matters Medical Malpractice 0 790 Other Labor Litigation 0 895 Freedom of Information 0 791 Employee Retirement Act 0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration 0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) 0 899 Administrative Procedllre 0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-Third Party Act/Review or Appeal of 0 240 Torts to Land 0 443 Housing/ Sentence 26 usc 7609 Agency Decision 0 245 Tort Product Liability Accommodations 0 530 General 0 950 Constitutionality of 0 290 All Other Real Property 0 445 Amer. w/Disabilities- 0 535 Death Penalty State Statutes Employment Other: 0 462 Naturalization Application 0 446 Amer. w/Disabilities- 0 540 Mandamus & Other 0 465 Other Immigration Other 0 550 Civil Rights Actions 0 448 Education 0 555 Prison Condition 0 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an "X" inOneBoxOnly) ~ I Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - (specifY) Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity : VI. CAUSE OF ACTION ~T~h~e;:,.;R;.;.a=.;c::.k:.=e.:.:te:.:e~r.:.:.ln:.:..:fl.::.ue:::::n.:.:c:.:e:.::d..:a::..:n.::.d..:C:.:o:.:.:rru:.::~:.pt::..;O=.r:.oz.::a::.:n::iz.::.at::.:io:.:.n:.=s...:..A.:.:ct:.:..l.."~R::.:IC;,;O::..'-"' ,~1:.:8:....:U;.;·:.=S~.C;,;·~1~9:.:6;.,;.1_-1:.:9~6..;:.8 ______._ Brief description of cause: Damages by RICO violations, including witness retaliation, tampering, bribery, and embezzlement from pension, VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: M Yes 0 No VIII. RELATED CASE(S) (.~'ee instrnctions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 09/12/2016 /Leonid Goldstein/ FOR OFFICE U(E, ~N: ~ RECEIPT# J..,aro~~ APPLYING lFP JUDGE MAG. JUDGE

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 1 of 69 PageID 1

,,.-~:.,': L~~; Ul:::.1rf:i~~:T ORIGINAL Wiii1H!El1d D!Sl. ~/ l;:. FILE!l UNITED STATES DISTRICT COURT'J..0/1,., \dJ FOR THE NORTHERN DISTRICT OF TE~P 12 PH I: 31 LUBBOCK DIVISION

LEONID GOLDSTEIN Plaintiff v.

CLIMATE ACTION NETWORK, CERES INC., ROCKEFELLER BROTHERS FUND INC., GENERATION INVESTMENT MANAGEMENT LLP, FORD FOUNDATION, THE PEW CHARITABLE TRUSTS, GREENPEACE INTERNATIONAL CORP., ENVIRONMENTAL GRANTMAKERS ASSOCIATION CORP., THE CONSULTATIVE GROUP ON BIOLOGICAL DIVERSITY CORP., THE SIERRA CLUB CIVIL CASE NO. FOUNDATION CORP., WORLD WIDE FUND FOR c NATURE TRUST, US CLIMATE ACTION NETWORK 5·16CV- 21 1 --· CORP., GLOBAL CALL FOR CLIMATE ACTION CORP., GENERATION INVESTMENT MANAGEMENT US LLP, ALLIANCE FOR CLIMATE PROTECTION CORP., FENTON COMMUNICATIONS CORP., WORLD WILDLIFE FUND INC., GREENPEACE INC., GREENPEACE FUND INC., FRIENDS OF THE EARTH INTERNATIONAL CORP., FRIENDS OF THE EARTH US CORP., FRIENDS OF THE EARTH (ACTION) INC., ENVIRONMENTAL DEFENSE FUND INC., ENVIRONMENTAL DEFENSE ACTION FUND CORP., NATURAL RESOURCES DEFENSE COUNCIL INC., NRDC ACTION FUND CORP., SIERRA CLUB CORP., EARTHJUSTICE CORP., THE UNION OF CONCERNED SCIENTISTS INC., THE PEW MEMORIAL TRUST, J. HOWARD PEW FREEDOM TRUST, MABEL PEW MYRIN TRUST, J.N. PEW JR. CHARITABLE TRUST, THE JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION, THE WILLIAM & FLORA HEWLETT FOUNDATION, THE DAVID AND LUCILE PACKARD FOUNDATION, TIDES FOUNDATION CORPORATION, TIDES CENTER CORPORATION, CLIMATEWORKS FOUNDATION, THE ENERGY FOUNDATION, and JOHN JURY TRIAL DEMANDED AND JANE DOES 1-99 Defendants

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 2 of 69 PageID 2

COMPLAINT

PRELIMINARY STATEMENT

1. This is a civil suit against Climate Action Network and other corporations, who engaged in a long-term criminal scheme, involving a false claim that anthropogenic release (or emissions) of carbon dioxide caused a dangerous "global warming" or a dangerous "climate change", and persecution of the dissidents or demanding government actions, based on this false claim, including money transfer. In fact, the anthropogenic release of carbon dioxide significantly increases agricultural production worldwide. The surface warming, theoretically caused by increased concentration of carbon dioxide, is insignificant and almost undetectable, and is expected to be globally beneficial.

2. Beginning in early 1988 and continuing through the present (the "Scheme Period"), the Defendants and other enterprise members acted in concert with each other in order to further their criminal scheme (the "Climate Alarmism Enterprise"). Each defendant has participated in the operation and management of the Enterprise, and has committed numerous acts to maintain and expand the Enterprise.

3. Because of the enormous scale and success of the Climate Alarmism Enterprise, some historical background is necessary. The idea to use imaginary threat of the carbon dioxide emissions as a lever to obtain power and money was first expressed in the report from the 1972 United Nations

Environmental Programme. Nevertheless, top US scientists discussed the potential influence of the carbon dioxide emissions on the global climates, and Congress even convened the Carbon Dioxide

Assessment Committee (CDAC). CDAC worked on the question from 1979 to 1983, firmly rejected alarm, and recommended further research. Further research and observation practically eliminated the earlier concerns about the carbon dioxide emissions.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 3 of 69 PageID 3

4. Of course, the foreign and domestic environmental organizations and UN agencies that used to environmental scares to raise money and grow their power, could not care less about the science. Over 1993-2001, Clinton- Gore administration (in which AI Gore, who used to compare the modem science and technology to a pact with devil, and judged scientists by their agreement or disagreement with the Climate Cult, was responsible for science) conducted purges, systematically removing distinguished scientists from positions of influence in the scientific agencies and institutions, replacing them with environmentalists or their marionettes, and closing whole research directions to satisfy the environmentalists' demands. The political bias of the academic and scientific communities prevented them from seeing what was happening until it was too late. The climate pseudo-science also avoided the public scrutiny, when Congress rejected Kyoto protocol with the 95:0 vote, shielding the nation from the immediate direct impact of the climate alarmism.

5. But following goring in 1993-2001, the American sciences and science-intensive industries have been steadily declining (except for the biomedical research, which became accustomed to live in fear of the federal government.) The last nuclear power plant was approved in

1979. The Space Shuttle was retired and not replaced. The US depends on Russia to launch its astronauts. Silicon Valley manufactures very little "silicon" (meaning computer chips). Our computers are made in China from parts made in China, South Korea, Taiwan, or Japan. Software and Internet industries did boom, but almost all research for them had been conducted before 1993.

General scientific and technological literacy declined accordingly. Some Defendants and the whole

Climate Alarmism Enterprise heavily contributed to this decline, and benefitted from it.

6. In 1980's, the climate alarmist claims did not have sound scientific grounds, but could not be dismissed out of hand. The distinguished scientists politely called to the alarmists' ungrounded statements and exaggeration as "uncertainties". With the time, the new research has shown that the alarmist claims did not only contain "uncertainties", but were flat wrong. The

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 4 of 69 PageID 4 climate alarmists reacted by taking even more extreme anti-scientific positions, and persecuting their opponents not only for dissent, but even for doubts. In doing that, they were misappropriating progressively larger amounts of public money, starting with hundreds of millions and going up to tens or even hundreds of billions of dollars per year. A large part of this money was "reinvested" back into promotion of the climate alarmism. This is how we arrived to the current situation, when the Climate Cult (the dogma and practice of the climate alarmism) is the state religion in California and almost the state religion in the federal government.

7. Plaintiff sues for injury inflicted by the Defendants on him directly, and, additionally, based on standing of victims of racketeering activity to act as "private attorney generals" in prosecuting that racketeering activity (Rotella v. Wood, 528 U.S. 549, 556; 2000).

8. Unless stated otherwise, alleged below actions by Defendants were committed in the

10-years period from September 15, 2006 through the date of filing this Complaint.

JURISDICTION AND VENUE

9. This action arises under The Racketeer Influenced and Corrupt Organizations Act

("RICO"), 18 U.S.C. § 1961-1968, and common law.

10. This Court has subject-matter jurisdiction pursuant to 28 U.S.C. § 1331.

11. This Court has personal jurisdiction over all the Defendants pursuant to, inter alia, 18

U.S.C. § 1965, because each Defendant resides in the United States, and/or transacts business on a systematic and continuous basis here, and/or has engaged in criminal misconduct here in violation of

U.S. law, because, each Defendant, directly and through agents, transacts business within Texas; committed tortious acts and omissions within the state; committed tortious injury in the state caused by an act or omission outside the state; regularly does business, engages in persistent course of conduct, or derives substantial revenue from activities in the state; owns, uses, and possesses real

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 5 of 69 PageID 5 property within the state; or is registered to do business in and has consented to personal jurisdiction in this state.

12. Venue for this action is proper in pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to Plaintiff' claims occurred in the Northern District of

Texas and all the Defendants are subject to personal jurisdiction in this judicial district. The

Defendants also injured Plaintiff in the Northern District of Texas, among other places. In addition, as set forth herein, the Defendants' wrongful conduct and related activities caused substantial effects in this jurisdiction and in this district, based on their criminal and/or tortious conduct in and outside of Texas.

THE PARTIES

13. Plaintiff Leonid Goldstein is a permanent resident of the United States of America, a resident of Texas, and a citizen of Israel. Plaintiff has Master of Science degree in Mathematics, more than 20 years of experience in software engineering, and multiple patents and publications in peer-reviewed literature in a certain renewable energy field. Plaintiff performed a peer review for some journals. Because of his education, professional experience and knowledge, Plaintiff is qualified to give expert testimony on certain questions of physics, mathematics, and computer modelling, relevant to a bone fide climate research and to the so-called "climate science." Plaintiff also has additional knowledge and life experience that might qualify him to give expert testimony on the corrupt activities of the climate alarmism bodies. Plaintiff is willing to testify on these subjects in front of the US Congress, the Texas Legislature, the Supreme Court of the United States, and the

Supreme Court of Texas, without compensation. Plaintiff has been paying into the Social Security for more than 15 years, and has savings in a retirement plan, protected by the Employee Retirement

Income Security Act of 1974. Plaintiff expresses his views on subjects relevant to climate debates

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 6 of 69 PageID 6 and climate alarmism on his not-for-profit website defyccc.com, which also features a search engine

(defyccc.cornlsearch), allowing anybody to find truthful information regarding the climate debates.

Plaintiff also writes for other reputable web publications under the pen name "Ari Halperin."

14. Because of the significant number of defendants, they are divided into categories in the following subsections.

A. Conglomerates

15. Defendant Climate Action Network, sometimes calling itself Climate Action

Network International, ("CAN-I''), is an entity headquartered in Beirut, Lebanon. On information and belief, CAN-I was incorporated in Germany. CAN-I describes itself as "a worldwide network of over 1100 Non-Governmental Organizations (NGOs) in more than 120 countries, working to promote government and individual action to limit human-induced climate change to ecologically sustainable levels. "CAN-I is also an observer member of the International Panel on Climate Change

("IPCC"). CAN-I or its predecessors have been participating in the Climate Alarmism Enterprise since 1989 or earlier.

16. Defendant US Climate Action Network ("USCAN"). USCAN is a registered tax- exempt 501(c)(3) "educational organization," based in Washington, DC. USCAN describes itself as

"a vital and growing network for organizations active on climate change in the United States. Our network of 150+ organizations continues to grow "Bigger, Broader, and Better" with each new member." USCAN calls itself an affiliate of CAN-I, while CAN-I calls USCAN its national node,

"responsible for its own governance and procedures, and conduct joint policy and advocacy work within its given country or region. " Thus, USCAN is tasked to conduct the "policy and advocacy work" of CAN-I within the USA. USCAN or its predecessors have been participating in the Climate

Alarmism Enterprise since 1989 or earlier.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 7 of 69 PageID 7

17. Defendant the Global Call for Climate Action ("GCCA"), also called the Global

Campaign for Climate Action and TckTckTck, is a Canadian corporation that calls itself"a diverse network of more than 450 nonprofit organizations in more than 70 countries with a shared goal- a world safe from runaway climate change." GCCA acknowledges USCAN and CAN-I as its partners. GCCA has been participating in the Climate Alarmism Enterprise since 2008 or earlier.

B. Financial Cartel

18. Defendant Environmental Grantmakers Association ("EGA") was founded in 1987 and incorporated not later than in 2007. EGA describes itself thus: "our membership spans more than 200 foundations from around the world ... EGA member organizations collectively hold approximately $200 billion in assets and give more than one billion dollars annually to environmental causes." EGA has its main office in New York, NY, on the same floor of the same building as another Defendant Rockefeller Brothers Fund, described below. EGA or its predecessors have been participating in the Climate Alarmism Enterprise since 1993 or earlier.

19. Defendant The Consultative Group on Biological Diversity ("CGBD"), established in 1987, and incorporated as a 501(c)(3) "charitable organization," has headquarters in San

Francisco, CA. From its self-description: "The CGBD organizes Programs to target attention on selected topics and to explore the process of strategic, collaborative grantmaking. Programs of25-

50 interestedfunders convene on a regular basis." CGBD is listed by EGA as its an "affinity group," and CGBD lists EGA as its a "program participant." CGBD has been participating in the

Climate Alarmism Enterprise since 2002 or earlier.

20. EGA and CGBD (together, the "Financial Cartel") are interconnected, have shared purposes and shared membership, and are essentially two manifestations of the same association-in fact.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 8 of 69 PageID 8

C. Special Cases

21. Defendants Generation Investment Management (together, "GIM") comprises: a) Defendant Generation Investment Management LLP ("GIM-LLP") is a limited liability

partnership registered in England and Wales, founded by former Vice President of the United

States of America Albert Gore in 2004, with the mission "To deliver superior investment

performance ... ". GIM-LLP has been co-owned and controlled by Al Gore since then. b) Defendant Generation Investment Management US LLP ("GIM-US-LLP") is its daughter

company, registered in the US. c) Defendant Alliance for Climate Protection ("GIM-ACP"), initially called The Climate Project,

is a putative nonprofit corporation, headquartered in Washington, D.C., and is registered as a tax

exempt 501(c)(3) "charitable organization". Its 990 Form (2008) states: "FOUNDED IN 2006

BY VICE PRESIDENT AL GORE, THE ALLIANCE IS A UNIQUE SINGLE-PURPOSE

ORGANIZATION FOR THE PURPOSE OF IGNITING PUBLIC ACTION TO SOLVE THE

CLIMATE CRISIS." The document does not say what this "climate crisis" was. It further states,

"THE ALLIANCE IS UNDERTAKING AN UNPRECEDENTED MASS PERSUASION

EXERCISE BASED ON SCIENTIFIC FACTS." The document does not say what these scientific

facts were and how GIM-ACP could determine scientific facts after Al Gore and his sidekick

Carol Brown chased scientists out of the government scientific agencies. Through the period

2007-2014, GIM-ACP received contributions in excess of $200 Million, and reported assets of

less than $7 Million in 2014.

The GIM Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each of the other's actions alleged herein, at all times both of them existed. This said, GIM-LLP, a foreign entity, is the master among the GIM

Defendants. GIM-LLP and GIM-US-LLP have been participating in the Climate Alarmism

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 9 of 69 PageID 9

Enterprise since their incorporation in 2004, or earlier. GIM-ACP has been participating in the

Climate Alarmism Enterprise since its incorporation in 2006, or earlier.

22. Defendant Ceres, Inc. ("Ceres") is a putative nonprofit corporation, founded in or around 1989 and based in Boston, MA. Ceres leads "a coalition" between public assets, including the California and New York public pension funds, and extremist environmentalist groups, including the non-defendant Earth Island Institute, and Defendants EDF, NRDC, and UCS, described below.

It describes the goal of this foxes-hens "coalition" as follows: "Ceres works with more than 130 member organizations that make up the Ceres Coalition to engage with corporations and help advance our goal of building a sustainable global economy." In addition, Ceres operates what it calls the Investors Network on Climate Risk, which includes state treasurers, institutional investors, and labor groups - "1 00 leading investors collectively managing more than $11 trillion in assets."

$11 trillion ($11 ,000,000,000,000) is not a mistake or misspelling. Ceres is a member of USC AN and a partner in GCCA. Ceres has been participating in the Climate Alarmism Enterprise since 1997 or earlier.

23. Defendant Fenton Communications Corporation ("Fenton Communications") is a public relations firm, calling itself"a social change communications agency". Defendants

MacArthur Foundation, Hewlett Foundation, and Packard Foundation are listed as its current clients.

To advance the interests of the Climate Alarmism Enterprise, Fenton set up and operated an entity named Environmental Media Services from about 1994 until about 2005. Since about 2002-2005,

Fenton Communications managed or operated an entity named The Science Communication

Network, whose website stated that "The spirit of EMS will live on through EMS/Science

Communication Network ... " These might be one and the same entity. On information and belief,

Fenton Communications also serviced Defendants Earthjustice, Energy Foundation, EDF, Ford

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 10 of 69 PageID 10

Foundation, Greenpeace, Pew Trusts, Sierra Club, Tides, and WWF. Fenton Communications has been participating in the Climate Alarmism Enterprise since 1994 or earlier.

D. Huge Transnational Green

24. Defendants World Wildlife Fund for Nature (together, "WWF") comprise: a) World Wide Fund Forfor Nature ("WWF-World") is a putative charitable trust, headquartered

in Gland, Switzerland. WWF-World comprises WWF International Secretariat, national offices,

regional offices, and associate organizations "in over 100 countries, on 6 continents". It reported

worldwide income in excess of $770 Million in 2015. b) World Wildlife Fund, Inc. ("WWF-US") is a putative nonprofit corporation, headquartered in

Washington D.C. and registered for tax-exempt status as a Section 501(c)(3) natural resources

conservation and protection organization. It reported income in excess of $260 Million (possibly

included in the WWF World's income) and assets in excess of $470 Million for the 2015 tax

year. WWF-US calls itself a "part of the WWF global network". WWF-World calls WWF-US "a

national office".

WWF-US is a member ofUSCAN and a partner in GCCA. WWF-World is an observer member of

IPCC, a member of CAN, and a partner in GCCA. WWF-World and WWF-US are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein. This said, WWF-World, a foreign entity, is the master among the two. WWF existed before the Scheme Period and has participated in the establishment and operation of the Climate Alarmism Enterprise since early 1988 or earlier.

25. Defendants Greenpeace (together, "Greenpeace") comprise: a) Greenpeace International, aka Stichting Greenpeace Council, is a Dutch putative not-for-profit

foundation based in Amsterdam, the Netherlands.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 11 of 69 PageID 11 b) Defendant Greenpeace, Inc. is a putative nonprofit corporation organized pursuant to the laws

of California and headquartered in Washington D.C., and is licensed to do business and raises

funds in the form of donations in many states throughout the United States, including Texas. It is

registered for tax-exempt status as a Section 50l(c)(4) "social welfare" organization with the

Internal Revenue Service, and describes its social welfare mission as "promot[ing] the protection

and preservation of the environment." c) Defendant Greenpeace Fund, Inc. is also incorporated under the laws of California and

maintains its headquarters in Washington, D.C. Greenpeace Fund Inc. is a registered tax-exempt

501(c)(3) "charitable organization," and is licensed to do business and raises funds in the form of

donations in many states throughout the United States, including Texas. Greenpeace Fund Inc.

donates a significant funds each year to Greenpeace Inc. Both organizations share the same

address and some staff.

Greenpeace worldwide had income exceeding $380 Million and net assets exceeding $270 Million

(according to its 2015 report, including subsidiaries other than the Greenpeace Defendants.)

Greenpeace Inc. is a member of USCAN and a partner in GCCA. Greenpeace International is an observer member of IPCC and a partner in GCCA. Greenpeace Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein. This said, Green peace International, a foreign corporation, alone or in combination with its European branches, is the master among the Greenpeace Defendants.

Greenpeace existed before the Scheme Period and has participated in the establishment and operation of the Climate Alarmism Enterprise since early 1988 or earlier.

26. Defendants Friends of Earth (together, "FOE") comprise:

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 12 of 69 PageID 12 a) Defendant Friends of the Earth International ("FOEI") is another putative Dutch not-for-profit

foundation based in Amsterdam, the Netherlands. It claims to be "the world's largest grassroots

environmental network." b) Defendant Friends of the Earth Corporation ("FOE US"), aka Friends of the Earth U.S., is a

putative nonprofit corporation, headquartered in Washington D.C. and registered as a tax-exempt

501 (c )(3) "educational organization". c) Defendant Friends of the Earth (Action) Inc. ("FOE US ACTION"), is a putative nonprofit

corporation, headquartered in Washington D.C. and registered as a tax-exempt 501(c)(4) "civic

league". FOE US and FOE US ACTION share the same address.

The abbreviation "FOE" was selected by the FOE Defendants, not by Plaintiff. FOE has worldwide annual income between $40M and $400M. FOE-US is a member of US CAN. A number of national branches of FOEI are partners of in GCCA. The FOE Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein at any time both existed. This said, FOEI, a foreign corporation, alone or in combination with its European branches, is the master among the FOE Defendants. The FOE

Defendants have been participating in the Climate Alarmism Enterprise since 1989 or earlier.

E. Big Green

27. Defendants Environmental Defense Fund (together, "EDF") comprise: a) Defendant Environmental Defense Fund, Inc. ("EDF-INC") is a putative nonprofit

corporation, headquartered in New York, NY, and registered as a tax-exempt 501(c)(3)

"educational organization", with annual income in excess of $188 Million and net assets in

excess of $204 Million (according to its 2014-2015 tax reporting). EDF-INC also has offices in

Beijing, China; London, UK; and La Paz, Mexico. EDF-INC is an observer member of IPCC

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 13 of 69 PageID 13

and a member ofUSCAN. EDF-INC existed before the Scheme Period and has participated in

the establishment and operation of the Climate Alarmism Enterprise since early 1988 or earlier. b) Defendant Environmental Defense Action Fund Corporation ("EDF-AF") is a lobbying arm

ofEDF, headquartered in New York, NY, and registered as a 501(c)(4) "social welfare

organization". EDF-AF share the address and some staff with EDF-INC. EDF-AF has been

participating in the Climate Alarmism Enterprise since its incorporation in 2003.

The EDF Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein at any time both existed.

28. Defendants Natural Resources Defense Council (together, "NRDC") comprise: a) Defendant Natural Resources Defense Council, Inc. ("NRDC-INC") is a putative nonprofit

corporation, headquartered in New York, NY, and registered as a tax-exempt 501(c)(3)

"charitable organization", with annual income in excess of $151 Million and net assets in excess

of $246 Million (according to its 2014-2015 tax reporting). NRDC-INC also has an office in

Beijing, China. NRDC-INC is an observer member of IPCC, a member of USC AN, and a

partner in GCCA. NRDC-INC existed before the Scheme Period and has participated in the

establishment and operation of the Climate Alarmism Enterprise since early 1988 or earlier. b) Defendant NRDC Action Fund Corporation ("NRDC-Action") is a lobbying arm of the

NRDC, headquartered in New York, NY, and registered as a 501(c)(4) "civic league". From its

website: "As a 50l(c)(4) nonprofit organization, the NRDC Action Fund engages in various

advocacy and political activities for which the Natural Resources Defense Council, a 50l(c)(3)

organization, faces certain legal limitations or restrictions. " NRDC-Action shares an address

and some staff with NRDC-INC. NRDC-Action has been participating in the Climate Alarmism

Enterprise since its incorporation in 1998. 13

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 14 of 69 PageID 14

NRDC Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein at any time both existed.

29. Defendants Sierra Club (together, "Sierra Club") comprise: a) Defendant Sierra Club Corporation ("SCC") is a putative nonprofit corporation, headquartered

in San Francisco, CA, and registered as a 501(c)(4) "social welfare organization", with annual

income in excess of $113 Million and net assets in excess of $63 Million (according to its 2013

tax reporting). SCC is what most people think of as the "Sierra Club". SCC is a member of

USCAN and a partner in GCCA. Also, SCC openly endorses candidates in national and many

state elections, including candidates for the President, U.S. Senate, and U.S. House of the United

States Representatives. SCC has been participating in the Climate Alarmism Enterprise since

200 1 or earlier. b) Defendant The Sierra Club Foundation Corporation ("SCF") is a putative nonprofit

corporation, headquartered in Oakland, CA, and registered as a tax-exempt 501(c)(3) "charitable

organization", with annual income in excess of $82 Million and net assets in excess of $85

Million (according to its 2013 tax reporting). On its website, SCF describes its relationships

with SCC as follows: "As the fiscal sponsor of the charitable programs of the Sierra Club, we

provide resources to it and other nonprofit organizations ... " and "We achieve our shared vision

of a healthy planet through collaboration with the Sierra Club, our donors, and stakeholders."

SCF and SCC share the same address. SCF has been participating in the Climate Alarmism

Enterprise since 2001 or earlier.

The Sierra Club Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein at any time both existed.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 15 of 69 PageID 15 c) Defendant Earthjustice Corporation ("Earthjustice"), formerly Sierra Club Legal Defense

Fund, is a putative nonprofit corporation, headquartered in San Francisco, CA, and registered as

a tax-exempt 501(c)(3) "charitable organization", with annual income in excess of $54 Million

and net assets in excess of $68 Million (according to its 2014-2015 tax reporting). Defendant

Earthjustice is a member of USCAN. Earthjustice has been participating in the Climate

Alarmism Enterprise since 1993 or earlier.

30. Defendant The Union of Concerned Scientists, Inc. ("UCS") is a putative nonprofit corporation, headquartered in Cambridge, MA, and registered as a tax-exempt 501(c)(3) "charitable organization", with annual income in excess of $38 Million and net assets in excess of $37 Million

(according to its 2014-2015 tax reporting). Defendant UCS is a member ofUSCAN and a partner in

GCCA. The Defendant's name is intentionally misleading- UCS is not a scientific organization, has no special affinity to any science or scientific organization, and the majority of its directors and executive officers are non-scientists. UCS has been participating in the Climate Alarmism Enterprise since 1993 or earlier.

F. Foundations

31. Defendant Ford Foundation ("Ford Foundation") is a putative nonprofit trust treated as a private foundation, headquartered in New York, NY, and registered as a tax-exempt 501(c)(3)

"charitable organization", with annual income exceeding $800 Million and net assets exceeding $11

Billion (according to its 2013 tax reporting). The Ford Foundation grew richer by more than $1

Billion in 2013 alone. The Ford Foundation is a participant in the Financial Cartel, a member in the

EGA, and a participant in the CGBD. The Ford Foundation has been participating in the Climate

Alarmism Enterprise since 1993 or earlier.

32. The Defendants Pew Trusts Defendants comprise:

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 16 of 69 PageID 16

a) Defendant The Pew Charitable Trusts is a tax-exempt 501(c)(3) putatively

"charitable organization", headquartered in Philadelphia, P A, with net assets exceeding $800M

(according to its 2014 tax reporting). It calls itself "a global non-governmental organization:":

b) Defendant The Pew Memorial Trust is a tax-exempt 501(c)(3) trust, headquartered in Philadelphia, PA, with net assets exceeding $2.9B (according to its 2014 tax reporting).

c) Defendant J. Howard Pew Freedom Trust is a tax-exempt 501(c)(3) trust, headquartered in Philadelphia, PA, with net assets exceeding $600M (according to its 2014 tax reporting).

d) Defendant Mabel Pew Myrin Trust is a tax-exempt 501(c)(3) trust, headquartered in

Philadelphia, PA, with net assets exceeding $370M (according to its 2014 tax reporting).

e) Defendant J.N. Pew Jr. Charitable Trust is a tax-exempt 501(c)(3) trust, headquartered in Philadelphia, PA, with net assets exceeding $290M (according to its 2014 tax reporting).

The latter four trusts share the same address and, upon information and belief, are effectively controlled by the Pew Charitable Trusts. The total net assets of Pew Trusts exceed $4B. Pew Trusts also funds and operates the Pew Research Center, using it to further the Climate Alarmism

Enterprise, among other things. In or around 2002, Pew Trusts created and funded a putative non profit, Strategies for Global Environment Inc., doing business as Pew Center for Climate and Energy

Solutions until2007-2008, then Pew Center on Global Climate Change until2011-2012, then and finally as the Center for Climate and Energy Solutions. Thus, already in 2011-2012 Pew Trusts tried to hide its role in the Climate Alarmism Enterprise. Pew Trusts is a member in of US CAN, a participant in the Financial Cartel, a member in of EGA, and a member in of CGBD. The Pew Trusts have been participating in the Climate Alarmism Enterprise since 1994 or earlier.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 17 of 69 PageID 17

33. Defendant Rockefeller Brothers Fund, Inc. ("RBF") is a 501(c)(3) exempt private foundation, headquartered in New York, NY, with annual income exceeding $100 Million and net assets exceeding $800 Million (according to its 2014 tax reporting). RBF is a participant in the

Financial Cartel, a member (and possibly a leader) of EGA, and a member of CGBD. RBF has been participating in the Climate Alarmism Enterprise since 1993 or earlier.

34. Defendant The John D. and Catherine T. MacArthur Foundation ("MacArthur

Foundation") is a putative nonprofit corporation, headquartered in Chicago, IL, and registered as a tax-exempt 50l(c)(3) "charitable organization", with net assets exceeding $6 Billion (according to its 2014 tax reporting). The MacArthur Foundation is a participant in the Financial Cartel, a member of EGA, and a member of CGBD. The MacArthur Foundation has been participating in the Climate

Alarmism Enterprise since 1995 or earlier.

35. Defendant The William & Flora Hewlett Foundation ("Hewlett Foundation") is a putative nonprofit private foundation, headquartered in Menlo Park, CA, and is registered as a tax exempt 50l(c)(3) "charitable organization", with annual income exceeding $280 Million and net assets exceeding $8 Billion (according to its 2013 tax reporting). Hewlett Foundation is a participant in the Financial Cartel, a member of EGA, and a member of CGBD. The Hewlett Foundation has been participating in the Climate Alarmism Enterprise since 2002 or earlier.

36. Defendant The David and Lucile Packard Foundation ("Packard Foundation") is a putative nonprofit private foundation, headquartered in Los Altos, CA, and registered as a tax exempt 50l(c)(3) "charitable organization", with annual income exceeding $390 Million and net assets exceeding $6 Billion (according to its 2013 tax reporting). The Packard Foundation is a participant in the Financial Cartel, a member of EGA, and a member of CGBD. The Packard

Foundation has been participating in the Climate Alarmism Enterprise since 2002 or earlier.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 18 of 69 PageID 18

G. Pass-through Funders

37. The Tides Defendants Tides comprise:

a) Defendant Tides Foundation Corporation ("Tides-F") is headquartered in San

Francisco, CA, and registered as a tax-exempt 501(c)(3) "charitable organization", with annual income in excess of $180 Million and net assets in excess of $170 Million (according to its 2014 tax reporting).

b) Defendant Tides Center Corporation ("Tides-C") is headquartered in San

Francisco, CA, and registered as a tax-exempt 501(c)(3) "charitable organization", with annual income in excess of $95 Million and net assets in excess of $75 Million (according to its 2014 tax reporting).

Tides-F was incorporated in 1977, and spawned Tides-C in or around 1995. These entities share some directors and officers and are so closely related, that they even have the same website, www .tides.org. Since incorporation of Tides-F, Defendants Tides served as pass-through entities, used to finance and/or incubate left radical leftist groups. The Tides Defendants are associated in fact and it appears that each of them aided, abetted, counseled, commanded, induced, or procured each other's actions alleged herein at any time both existed. The Tides Defendants have been participating in the Climate Alarmism Enterprise since 1996 or earlier.

38. Defendant Climate Works Foundation Corporation ("'Climate Works") is a putative nonprofit corporation, headquartered in San Francisco, CA, and registered as a tax-exempt 501(c)(3)

"charitable organization", with annual income in excess of $180 Million and net assets in excess of

$160 Million (according to its 2014 tax reporting). In 2008, it received income in excess of $490

Million and ended that fiscal year with net assets in excess of $410 Million. ClimateWorks is a participant in the Financial Cartel, a member of EGA, and is a partner in CGBD. ClimateWorks was

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 19 of 69 PageID 19 incorporated in 2008 or earlier with the single purpose of advancing the interests of the Climate

Alarmism Enterprise.

39. Defendant The Energy Foundation Corporation ("Energy Foundation") is a putative nonprofit corporation, headquartered in San Francisco, CA, and registered as a tax-exempt

501(c)(3) "charitable organization", with annual income in excess of$130 Million and net assets in excess of $50 Million (according to its 2013 tax reporting). The Energy Foundation is a participant in the Financial Cartel, a member of EGA, and a partner in CGBD. The Energy Foundation was incorporated in 1991 and has been participating in the Climate Alarmism Enterprise since 2001 or earlier.

G . .John and .Jane Does

40. .John and .Jane Does 1 through 99, whose identities are presently unknown to

Plaintiff, include other participants in the Climate Alarmism Enterprise, as well as other accomplices, co-conspirators, and/or aiders and abettors of the named Defendants in the scheme, enterprise, and other misconduct alleged in this complaint.

STATEMENT OF FACTS

A. The Criminal Enterprise

The Enterprise Structure

41. Majority of the Defendants used to be non-profit or charitable organizations, and enjoyed public trust, which they betrayed and abused even before they launched or joined the

Climate Alarmism Enterprise. By abusing the public trust, these Defendants drifted far from their declared goals. While doing so, they got accustomed to acting lawlessly and with impunity.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 20 of 69 PageID 20

42. All named Defendants invested at least part of their income in the operation of the

Climate Alarmism Enterprise.

43. All named Defendants received at least part of their income from their participation in the Climate Alarmism Enterprise.

44. All the Defendants have been associated with the Climate Alarmism Enterprise continuously and participated in its conduct through a pattern of racketeering activity, as defined in

18 U.S. Code§ 1961.

45. The Climate Alarmism Enterprise has a complex and opaque structure, including roles differentiation among participants. Based on the available information and belief, the following non-exclusive specialization can be observed among the Defendants:

a) Greenpeace and WWF are likely to be the top bosses among the Defendants.

b) WWF, having European royals among its founders, provides or provided much of the top-level of political connections, funding, and mainstream image.

c) Greenpeace is or was an "enforcer", using its media influence, corrupt politicians, and defamation campaigns to suppress opposition to the Climate Alarmism Enterprise.

d) FOE used to serve as a conduit between the Climate Alarmism Enterprise and armed terrorist groups, guerilla armies, current or former rogue regimes, or their supporters and front groups.

e) The alleged Financial Cartel and the Foundations used to be among the primary funders of the Climate Alarmism Enterprise. They might have served or still serve as internal enforcers, by cutting funding to the Enterprise members that disobey orders. Notably, funding

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 21 of 69 PageID 21 provided by the Financial Cartel and the Foundations Defendants is amplified many times through misuse of public money.

t) The Pass-through Funders appear to be tasked with obfuscating the flow of funds from external sources and between the participants in the Climate Alarmism Enterprise.

g) Defendants Sierra Club, EDF, NRDC, Earthjustice, USCAN, and UCS have been primarily tasked with carrying out the policies of the Climate Alarmism Enterprise in the United

States. These policies include, but are not limited to, corrupting the election process.

This differentiation of roles is relative (not absolute), and alleged on information and belief. The participants in the Climate Alarmism Enterprise performed and currently perform tasks, not typical to the described roles. Each Defendant has also committed and/or continues committing other actions, alleged about that Defendant in other paragraphs of this Complaint. Further, the Defendants regularly engage in deception, so that the available information about their roles and, consequently, their description in this paragraph might be inaccurate. The Defendants have or should have better knowledge of their specializations.

46. All named Defendants are corporations, funds, or foundations. Almost all are headquartered either abroad, in DC, New York, or California. 47. The following matrix ("Mutual Funding Matrix") shows some of the financial relationships between the Defendants.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 22 of 69 PageID 22

,., ,., "0 -I G\ n m n c m z c ,., s:: 01 0 G\ 0 Vl Ill ~ Q.l n a: ;;; m ~ )> G\ n ::t1 0.. Ill Vl ,., n ffi Ill txJ 0 )> ~ ,., £.. "'Q.l :::l 0 n 0 ;::. "' c m :::l 0 a. ""0 :::l z c :::T ,., ,., Ill -;:; :::l z n :::l c 0 Q.l 0 i5" s. c 0 0.. , 0 c n :::l :::l ~ Vl ,., c :::l Ill 0 c 3 ~ :::l 0 :::l , Q 0 0.. "'c ...., Q.l 3 i5" c 0.. Q.l ~ 3 c :::l n Ill 3" :::l ~ ... ~ :::l 0.. i5" i5" 0 ~ Q.l :::l ~- :? ~ Ill ~· Ford Foundation X D D D D D D RBF x R D D D D D D D D D D D Pew Trusts x R R R D D D D MacArthur Foundation D X D D D D D D D D Hewlett Foundation DD x DOD D D D D D D D D Packard Foundation D xDDDDDD D D D D D D D Tides R R R R R R x R D D D D D D D D R,D D D ClimateWorks Foundatior R R R R x R,D D Energy Foundation R R R R D R,D x D D D D D D D D D D D WWF R R R R R X R,D R R Green peace R R R,D X FOE R R R R R X D GIM-ACP R R R R X D Ceres R R R R R R R X D EGA R X

CGBD (Consultative Grou~ R R R R R R R X UCS (Union of Concerned R R R R R X EDF {Environmental Defer R R R R R R D x R D D NRDC {Natural Resources R R R R R D D X D Sierra Club R R R R,D R R R x D D EarthJustice R R R R x D USCAN (US Climate Action R R R R R R R x Fenton Communications R R R R R R X

"R" means that the Defendant(s) in the row received direct funding from the Defendant(s) in the column. "D" means that the Defendant(s) in the row gave direct funding to the Defendant(s) in the column. Only money transfers, reported on Forms 990 from 2003, are included. The Defendants also render "in- kind" services to each other, make payments to related parties, transfer money to each other through third parties, and have undisclosed financial links.

48. This matrix shows that the Defendants RFB, Pew Trusts, MacArthur Foundation,

Hewlett Foundation, and Packard Foundation, all being members of the Environmental Grantmakers

Association and participants in the alleged Financial Cartel, together or provided direct funding to all the named Defendants, with the possible exception of the Ford Foundation and Hoggan &

Associates. The latter receives or received indirect funding from the Defendants RFB, Hewlett

Foundation, and Packard Foundation through a non-defendant Suzuki Foundation, which has the

President of Hoggan & Associates as a board director.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 23 of 69 PageID 23

49. Defendants are linked in more ways than financial relations. Many apparently separate (i.e., using different brand names) Defendants are interlinked through shared personnel, including officials (board directors or officers), who serve two or more apparently separate

Defendants simultaneously. Many apparently separate Defendants are further interconnected through officials, that served those multiple Defendants consecutively.

50. Directors, officers, employees, and/or agents of apparently separate Defendants regularly meet at international conferences and other gatherings. In some of these meetings they discuss operation and management of the Climate Alarmism Enterprise, and conspire to commit offenses, including but not limited to the predicate offenses under 18 U.S.C. §§ 1961(1).

51. Some of the apparently separate Defendants in the categories Big Green and Huge

Transnational Green share among them their membership lists with each other, acting as an association-in-fact, and disregarding the privacy of their members.

52. Defendants in categories Foundations, Big Green, and Huge Transnational Green regularly permitted other members of the Climate Alarmism Enterprise, their allies, and some marketing accessories to use of their brands, trademarks, and other closely held intellectual property for the benefit of the Climate Alarmism Enterprise.

53. On information and belief, Defendants gather, collect, store, and share with other

Defendants and third parties, both in the USA and abroad, personal information about their donors, websites visitors, and opponents.

54. Greenpeace possesses what it calls a "battle fleet", including a former Soviet naval vessel, (larger than a typical World War II destroyer), speedboats, helicopters, drones, submarines, and military-grade communication equipment. This "battle fleet" also includes a super-luxurious yacht Rainbow Warrior, custom designed and built for Greenpeace. With its characteristic

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 24 of 69 PageID 24 derangement, Greenpeace asserts that: the "The Greenpeace fleet ofships is a unique asset in the battle to save planet Earth ... "

55. The Greenpeace "battle fleet" regularly engages in provocative naval maneuvers against the US Navy ships.

56. Criminal misconduct, giving rise to-this lawsuit, was conducted by an illegal enterprise (the "Climate Alarmism Enterprise") consisting of various legally distinct but associated in-fact organizations and individuals, who associated together for nefarious purposes, including and/or requiring carrying out the pattern of racketeering activity alleged herein. This pattern of racketeering activity included, but was not limited to retaliation against witnesses, tampering with witnesses, making bribes to witnesses and public officials, theft of and/or embezzlement from pension and/or welfare funds, and attempts and conspiracies to do the same. The Climate Alarmism

Enterprise associated for the purpose of carrying out these racketeering acts comprises all the

Defendants, as well as other persons.

57. Although the Defendants are legally distinct from each other, and free to act in and advance their own interests independently, they have associated in fact with a common purposes, identifiable relationships, and sufficient longevity to pursue their common purposes. Specifically, beginning from early 1988 through the present they have been engaged in a mutually understood, agreed upon, and coordinated campaign of racketeering activity with the intent of obtaining huge profits, degrading American scientific and intellectual capacity, creating internal polarization, establishing the Climate Cult as the state religion, and undermining national energy infrastructure and economy.

58. On a frequent and long-term basis, the Defendants and enterprise members collaborate and conspire with third-parties, currently unknown to Plaintiff, to retaliate against

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 25 of 69 PageID 25 witnesses, to tamper with witnesses, to bribe witnesses and public officials, or to steal from public funds. This is a part of a broader enterprise practice.

59. The Climate Alarmism Enterprise's campaign has entailed significant contacts with and effects in Texas.

The Enterprise Allies

60. From the beginning the Climate Alarmism Enterprise had powerful allies with immunity from prosecution. Certain United Nations agencies, foreign governments, foreign and international political parties, and their personnel with diplomatic immunity were among those allies.

Specifically, these allies include or included The United Nations Environmental Programme

(UNEP), the World Meteorological Organization (WMO), the United Nations Framework

Convention on Climate Change (UNFCCC - a namesake of a Convention, signed and ratified by the

US), the International Union for Conservation of Nature, and the Secretary-General of the United

Nations.

61. The Plaintiff notes that the top position in the United Nations organization is called

Secretary-General, just like the top position in the former Soviet Union and in the former

Communist Party of the USSR. In the Soviet Union, Stalin used his temporary authority as a

"secretary" of a central committee of the ruling party to consolidate all power into his own hands.

62. The most important ally of the Climate Alarmism Enterprise is the UN agency

Intergovernmental Panel on Climate Change (IPCC), headquartered in Geneva, Switzerland. It was created in 1988 by a decision of UNEP and WMO and was given a number of mutually contradictory tasks, from gathering scientific evidence of supposedly harmful anthropogenic climate change to "telling the governments what to do".

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63. The IPCC is a political organization, not a scientific one. All 195 sovereign governments UN members are also members of the IPCC. Each of them has one vote, irrespective of their size, economic development, or scientific capacity. Additionally, a number of international, transnational and foreign organizations, including some Defendants, are "observers". They do not have voting rights, but can and do lobby the delegates, and have access to the otherwise confidential information.

64. IPCC Plenary Sessions appoint the IPCC Secretariat, IPCC Bureau, and IPCC

Executive Committee. One country- one vote; non-Western countries vote in accordance with their interests or perceived interests. The Climate Alarmism Enterprise promised the so-called "third world" countries that they would receive financial compensation from the US and other Western countries upon "finding" that carbon dioxide emissions had caused dangerous climate change. Some

IPCC member countries are very small and poor, having budgets that are tiny compared to budgets of some of the Defendants, and their governments are easily manipulated by Defendants.

65. The main official products from the IPCC are so-called "Assessment Reports", produced each 5-6 years. Besides stacking IPCC governing bodies with politicians, sympathetic to the climate alarmism, a number of devices have been employed to bias IPCC reports even further:

a) The IPCC does not perform any proper searches to fill responsible positions, requiring scientific knowledge, such as Lead Authors. The Lead Authors are free to include or exclude whomever they wish and whatever they wish in the preparation of the reports.

b) The IPCC does not compensate authors working for it or contributing to its reports, ensuring selection of authors favoring special interests, especially the Defendants.

c) On each report, three working groups work in at the same time, in parallel: WGI works on the physical science of the so-called "climate change"; WGII analyzes the supposed impacts, vulnerability, and adaptation to the "climate change"; and WGIII is devoted to what IPCC

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 27 of 69 PageID 27 calls "mitigation". This is a sham. Evidently, WGII and WGIII are expected to be prescient about the future conclusions of WGI regarding the physics of climate, even before WGI started its work, and are sure that the conclusions would require "adaptation" and "mitigation".

d) Each working group produces its own report. Then, these reports are merged, purged of information about the benefits of carbon dioxide fertilization to the agriculture and nature, purged of criticism of the computer models, and summarized into a draft Summary for Policymakers. This draft is then brought in front of the political representatives of the 195 countries (including North

Korea, Cuba, ... , Tuvalu) who mess with its text until the Summary is approved by political consensus.

e) The last step in the "Assessment Report" preparation is the most bizarre one. The

IPCC changes the reports, produced by the working groups of scientists and putative scientists, to match the changes, made by the political representatives of the 195 countries (including North

Korea, Cuba, ... , Tuvalu)! This step is not disclosed in the texts of these reports. On the contrary, the reports contain recommendations to cite them as scientific literature.

f) Neither the full "Assessment Reports" nor the Summaries for Policymakers are peer- reviewed.

66. Almost from the beginning, the IPCC served as a barrier to communication between the scientists and general public, and as a tool to promote climate alarmism. This is clear in hindsight, but the scientists could not know at the time that was happening. A number of distinguished scientists participated in the work of the IPCC, contributed to the "Assessment

Reports", and even served as Lead Authors. Almost all of them condemned or heavily criticized the

IPCC process.

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67. Defendants heavily influenced the IPCC, using their privileged access as observers, infiltrated IPCC working groups, injected their own papers into the scientific materials, reviewed by the IPCC, and made undisclosed financial deals with IPCC head Rajendra Pachauri.

68. Defendants Greenpeace, WWF, NRDC, and some agents or employees of other

Defendants had access to the confidential IPCC information, and used this access to become de-facto speakers of IPCC and the main source of climate information for the general media. They used this power to communicate their own message, falsely attributing it to the IPCC. For example, they spread disinformation that the so-called "climate change" caused or would cause an increase in the frequency or severity of hurricanes, even as the IPCC Summary for Policymakers flatly rejected that claim.

69. Defendants, together with their accessories and allies, spread other lies with the intent to exaggerate the value of the IPCC, and their own weight as carriers and interpreters of the IPCC message:

a) Defendants, together with their accessories and allies, falsely claimed that IPCC texts were peer-reviewed;

b) Defendants, together with their accessories and allies, falsely claimed that IPCC represented the consensus of thousands of scientists. In fact, the IPCC used the work of thousands of scientists, but the vast majority of these scientists did not even how IPCC used their work, and those scientists who did, had frequently rejected or otherwise disapproved of the IPCC conclusions.

70. Thanks to the participation of legitimate scientists, the full IPCC "Assessment

Reports", especially contributions of the Working Group I, do contain large amounts of valuable information. In particular, the scientists preparing the Third Assessment Report (published in 2001) concluded that the global temperature changes and other "climate change" events they studied were mostly natural variations, rather than consequences of human activity. Human activity was a minor

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 29 of 69 PageID 29 or even undetectable factor, and any rationalization for climate alarm disappeared. In the Third

Assessment Report, IPCC buried this discovery by re-defining the term climate change from

"anthropogenic change of climate in addition to the natural variability" to "change of climate due to either natural variability, external forcing, or human activities."

Accessories, Front Groups, and former "Mainstream"

71. From its inception, the Climate Alarmism Enterprise was tightly linked to UN agencies. In the 1960's the United Nations strayed from its original purpose to aid the nations to live in peace with each other. In 1972, Kurt Waldheim, a former Nazi officer who participated in mass murder and deportations to exterminations camps, was appointed the UN Secretary-General. He was re-appointed in 1976, and continued in this position until 1981. Climate alarmism absorbed and put to its own use a lot of Nazi ideology. In particular, it adopted and applied the Nazi principle of propaganda: "Make the lie big, make it simple, keep saying it, and eventually they will believe it."

72. In order to advance its interests, the Climate Alarmism Enterprise established and/or operated a large number of front groups, which acted as its agents. Further, the Climate Alarmism

Enterprise financed and directed some activities of other organizations.

73. Among the organizations, which partnered or associated with the Climate Alarmism

Enterprise, and aided Defendants in commission of at least some of the alleged predicate criminal acts, are the Center for American Progress, the Center for Media and Democracy, Media Matters, and 350.org.

74. To advance interests of the Climate Alarmism Enterprise, Defendants, their accessories, accomplices, and front groups established and/or operated hundreds or thousands of websites whose only purpose was to advance the interests of the Climate Alarmism Enterprise.

These sites include but are not limited to desmogblog.com, realclimate.org, skepticalscience.com,

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 30 of 69 PageID 30 insideclimatenews.org, climateaccountability.org, climatetruth.org, ourchildrenstrust.org, eenews.net, polluterwatch.org, sourcewatch.t7rg, prwatch.org, climateprogress.org, climaterealityproject. org, climatepolicyinitiative. org, climatefeedback. org, climatechangecommunication.org, climatedesk.org, texasclimatenews.org, and climatenexus.org.

Most of these websites still operate. They and many other alarmist websites present themselves as independent media outlets, featuring different "editorial teams" and authors, while in fact they were and continue to be agents and marketing accessories of Defendants. Herein, an organization (which might be an individual, an unincorporated entity, or an association-in-fact) is recognized as a

"marketing accessory" if all the following statements are true about it:

Most of its income comes, directly or indirectly, from the Defendants, or is conditioned on the

Defendants' approval; this includes funding from government agencies and quasi-governmental

non-profits that are or have been subject of the corrupt influence of the Defendants.

It frequently criticizes individuals, organizations, or governments, but does not criticize the

Defendants or their associates, or criticizes them only for insufficient devotion to the interests of

the Climate Alarmism Enterprise.

It does not exercise editorial discretion, or exercises only as much discretion as is typical to

marketing departments of non-media companies; lack of restraint in smearing opponents of the

Climate Alarmism Enterprise is not considered as "editorial discretion" for the purpose of this

definition.

Its message was abnormally synchronized with the message of the Climate Alarmism Enterprise

over long periods of time, especially when that involved repeating false or even absurd

statements and numbers, such as "97% of scientists agree".

75. The Defendants' marketing accessories have been continuously repeating this "97%" number since 2004, despite several obvious facts:

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 31 of 69 PageID 31

The "97%" number looks more like an outcome of voting in a Communist country, than a

survey of scientists' opinions.

This exact number has been alleged to come out of multiple "studies", conducted over the

period 2004-2015, something having a lower probability than winning a jackpot in the

Powerball two years in a row.

All "studies," allegedly showing this number, were immediately debunked.

The subject of the "agreement" was different in all the "studies", but the "97%" number was the

same.

Of course, this is not the fault of the copywriters working for the Defendants and their marketing

accessories. They received orders to write "97%", and carried them out. Those who had refused

went to look for other jobs.

76. Some other websites that Defendants used to advance the Climate Alarmism

Enterprise are ecowatch.com, grist.org, thinkprogress.org, and takepart.com, which followed the instructions of the Climate Alarmism Enterprise on the subjects of interest to the Enterprise, but not necessarily on other subjects.

77. Nevertheless, Defendants, using the marketing accessories in concert with each other, heavily influenced witnesses in official proceedings, and, consequently to that, a large part of public officials and of the general public. The impact of this corrupt persuasion was especially strong on the scientific topics, because most people could not evaluate these topics themselves, and

Defendants successfully muzzled scientists, opposing their assault.

78. Some, but not all, acts of retaliation against witnesses, tampering with witnesses, and cover-ups of other criminal acts committed by Defendants were largely performed by utilizing the marketing accessories.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 32 of 69 PageID 32

79. Since at least 2004, the Defendants and their marketing accessories compiled and published on the Internet databases and lists of scientists, who testified or were expected to testify in official proceedings adversely to the Defendants' interests (the "Target Lists"). As of the date of this filing, Defendants and their marketing accessories continue to publish, expand, market, and promote these Target Lists.

80. Some of the most notorious Target Lists have been published by desmogblog.com,

Greenpeace, and the Center for Media & Democracy. The names of the individuals on the Target

Lists were linked to descriptions, containing outrageous lies about those persons. Some descriptions openly stated for which testimony and even for which words the individual had been placed on the

Target List.

81. These descriptions had cross-references to each other, and claimed to be and actually created impression of well-researched articles, when in fact they were and still are lies, made up by directors, officers, employees, or agents of Defendants or their co-conspirators, and repeated ad infinitum.

82. Acting in concert with each other, Defendants made references and web links to these libelous descriptions of the targeted individuals on other websites, further disseminating their lies and causing search engines to rank these injurious articles at or near the top of the search results, when somebody searches for information about those individuals. The affected search engines include but are not limited to Google, Microsoft Bing, and Yahoo Search.

83. On their highly trafficked websites, Defendants and their accomplices placed calls for action next to the names and libelous characterizations of their victims. Notably, many of the

Defendants' websites are intended for audiences with a large percentage of mentally underdeveloped and emotionally unstable persons.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 33 of 69 PageID 33

84. Nevertheless, in many cases the only actions, that Defendants wanted from their site visitors, was to donate them money, and to spread the word so that more people would donate more money.

85. For example, some individuals on the Target List of desmogblog.com are: lvar

Giaever, a Nobel Prize Laureate in Physics; Frederick Seitz, a distinguished physicist, and former

President of the National Academy of Science; and Fred Singer, a distinguished physicist, the founder of the National Weather Satellite Service; and so on.

86. The Target List of desmogblog.com was referred and linked to in publicly broadcasted calls to murder individuals on that list.

87. As time passed, Defendants added to the Target Lists some elected politicians and authors that they particularly hated.

88. The following table ("Marketing Accessories Funding") shows support of some marketing accessories by Defendants and their allies:

"T'I ;>;:1 ::c ""0 --1 m Gl Gl "T'I VI Organization Websites 0 OJ s:: ro Ql :J .., ro 2;1 .., "T'I Ql n c: ro ro :J ~ a. n ::E ro .., ro s:: ..... c: Ill""' )> Ql"' OQ :J ):.. 0 "T'I .., iii" .., "' :J ~ .o· 0 < "C n :::s ..... ::+ a. "T'I ~ ~ ro ""0 n "T'I "T'I Ql 2;1 G) :J ~ 0 0 .., 0 0 ~ n c: 0 a. ~ ~ ro :::s <:: Ql "T'I :J 3 ..... 0 :J :J a. 3 g. Ill a. a. Ql ci" ~ Ql Ql ..... ~ !:::!". :::s""' :J :J ...... a· :J 0 3 a. ;:;· :::s Ill Ql a· a· :J ..... :J :J Ql..... :::s a· a· Cl" :J :J "' CAP climateprogress.org, thinkprogress.org F F F F F F CMD prvvatch.org,sourcevvatch.org F F CAl climateaccountability.org F lnsideCiimate Nevvs insideclimatenevvs.org F F Media Matters mediamatters.org F F Hoggan & Associates desmogblog.com, hoggan.com F F Green peace pollutervvatch.org F Grist grist.org F F F F realclimate.org realclimate.org F K SCN sciencecommunicationnetvvork.org F F F F K Suzuki Foundation davidsuzuki.org F F F F skepticalscience.com skepticalscience.com K F,K

33 ------

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 34 of 69 PageID 34

"F" stands for direct funding, as shown on Form 990, and "K" stands for the in-kind services.

Desmogblog.com (DeSmog) was launched and has been operated by James Hoggan of Hoggan &

Associates and the David Suzuki Foundation. Desmogblog.com also received funding from proceeds of money laundering by John Lefebvre, who was convicted of money laundering. CAP stands for the Center for American Progress. CMD stands for the Center for Media & Democracy. CAl stands for the Climate Accountability Institute.

89. Even more amazing are the substantial payments made by Defendants to some former scientific organizations, and the formerly mainstream newspaper The New York Times. These payments, as well as payments to the America-hating British paper The Guardian, are shown in the following table ("Defendants Funding Others"):

"T1 ::::c ::c :::::tJ Organization 0 0 s: C'D ...... n QJ 0 a. n :E ...... )> Otl ~ "T1 C'D C'D " ...... 1""'1" < ·~ 0 C'D 1""'1" 1""'1" c :::J'" "T1 rl) "T1 "T1 0 ::::::: :::s -C'D c rl) ...... 0 0 c a...... c .., QJ "T1 "T1 c :::s 1""'1" c 0 :::s ·:::S a. ;r 6" c a. a. QJ :::s QJ QJ . !:!". :::s a. :::s !:!". !:!". ~ V'l a. 0 QJ 0 0 :::s ~ !:!". :::s :::s 0 :::s NAS F F F F F F F AAAS F F F F National Geographic Society F F F American Geophysical Union F F F New York Times Company F F The Guardian (Guardian News & Media LLC) F F F

NAS is the National Academy of Sciences, which used to be the top scientific body of the nation.

From its website: "The National Academy of Sciences (NAS) is a private, non-profit society of distinguished scholars. Established by an Act of Congress, signed by President Abraham Lincoln in

1863, the NAS is charged with providing independent, objective advice to the nation on matters related to science and technology. "

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 35 of 69 PageID 35

AAAS is the American Association for the Advancement of Science, and calls itself "The World's

Largest General Scientific Society." It was once a reputable scientific society with open membership, and the publisher of the journal Science.

The New York Times Company (NYT) is a for-profit corporation, which makes "donating" to it even stranger.

Plaintiff does not know what strings were attached to these payments, but Defendants do or should know. All these organizations aided and continue to aid the Defendants in advancing the goals of the Climate Alarmism Enterprise, including retaliation against witnesses, tampering with witnesses, bribery of witnesses, and embezzlement from pension and welfare funds. The Guardian also participated in at least one high-profile act of espionage against the USA.

90. The Defendants Ford Foundation, RFB, Pew Trusts, MacArthur Foundation, Hewlett

Foundation, Packard Foundation, and Energy Foundation gave money to scientific societies and media organizations that (except for The Guardian) used to have full public trust. Starting at different times, but not later than from 2010, these organizations gave full support to the Climate

Alarmism Enterprise, and backed its climate pseudo-science with their scientific or journalistic credibility, all while failing to disclose that they had been paid by the Enterprise.

B. The Criminal Activities

Retaliation against Witness

91. The behavior of the Defendants and their accomplices is unprecedented. Having lost their case in the Congress and in the court of public opinion, they directed their most extreme attacks not against opposing politicians, but against distinguished physicists, biologists, and other experts, who had testified before Congress or in other official proceedings.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 36 of 69 PageID 36

92. Starting not later than 2()06 and continuing to the present, the Defendants caused, attempted, or conspired to cause bodily injuries, as defined in 18 U.S. Code§ 1515(5), to certain scientists and experts, who had been witnesses in official proceedings related to carbon dioxide, alleged "global warming", and so-called "climate change", and had given testimonies that displeased the Defendants or other members of the Climate Alarmism Enterprise.

93. The following scientists were among those who had attended and testified in official proceedings, and against whom the Defendants retaliated:

Frederick Seitz (1911-2008)- a distinguished physicist, the President of the National Academy of

Science from 1962 to 1969, and the President of Rockefeller University from 1968 to 1978, where he supervised a Nobel Prize winning biomedical study, that led to the discovery of prions (the cause of the "mad cow" disease.) Frederick Seitz was also the main supporter of the Oregon Petition.

Robert Jastrow (1925-2008)- a distinguished astronomer and physicist, the founder of the NASA

Goddard Institute for Space Studies.

Fred Singer (b. 1924)- a distinguished physicist and science administrator, the first director of the

National Weather Satellite Service (1962-64), Vice Chairman of the National Advisory Committee for Oceans and Atmosphere (NACOA) (1981-86), and Chief Scientist of the U.S. Department of

Transportation (1987- 89). Singer theoretically predicted the existence of the Earth's radiation belt, later confirmed by observations. He also designed satellites and their sensors, and was one of the visionaries behind GPS.

William Happer (b. 1939) - a distinguished physicist, and Director of Energy Research at the

Department of Energy (DOE) from 1990 to 1993, where he supervised all of the DOE's work on climate change. The founder, co-owner, and Chairman of GIM, then Vice President Al Gore, fired

Prof. Happer in 1993.

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Richard Lindzen (b. 1940)- a distinguished physicist, Alfred P. Sloan Professor of Meteorology,

Department of Earth, Atmospheric and Planetary Sciences at MIT. Lindzen has researched the carbon dioxide -vs. climate changes connection since at least 1979. His theoretical calculation of the low sensitivity of surface temperatures to the carbon dioxide was experimentally confirmed in the 1990's.

94. Defendants also smeared William Nierenberg (1919-2000), a distinguished physicist and the Chairman of the Carbon Dioxide Assessment Committee (1979-1983), the first scientific body that conducted a systematic investigation of possible links between anthropogenic emission of carbon dioxide, other infrared absorbing gases, and climate changes. From 1980 until his death in

2000, he was the most knowledgeable person in the world on the subjects of the climate debates.

95. Since 2006 and continuing to the present day, Defendants also counseled, commanded, or induced others to retaliate against the these and other witnesses, including those who would have been likely to testify in the future, and other persons, whom Defendants linked to the witnesses.

96. On multiple occasions since 1996, Greenpeace and some other Defendants retaliated against these and other witnesses by damaging tangible property of ExxonMobil and other companies, which the Defendants believed to have been "linked" to the witnesses.

97. The Defendants attempted or conspired to retaliate against witnesses by damaging tangible property of businesses, that the Defendants claimed had financed research or public activity by the witnesses, or threatened to do so.

Tampering with Witness

98. Acts of retaliations against witnesses, listed in the Retaliation against Witness subsection, were performed publicly, and had the intent and effect of influencing or preventing

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 38 of 69 PageID 38 testimonies of other persons in official proceedings related to carbon dioxide, alleged "global warming", and so-called "climate change".

99. Since 1996, the Defendants committed multiple additional acts of retribution against the same and many other persons. These individuals who had been expert witnesses in official proceedings related to carbon dioxide, alleged "global warming", so-called "climate change", and other subjects in the climate debates, and had given testimonies that displeased the Defendants or other members in the Climate Alarmism Enterprise.

100. These acts of retribution included smear campaigns in the media, character assassination, and interference with the lawful employment of the witnesses, and had the intent and effect of influencing or preventing testimonies of other persons in official proceeding related to carbon dioxide, alleged "global warming", so-called "climate change", and other subjects in the climate debates.

101. In 1997, the founder, co-owner, and Chairman of Defendants GIM, then Vice

President AI Gore, acting against the explicit advice of the Senate (the Bird-Hagel Resolution), signed or authorized signing of the so-called "Kyoto Protocol", which would have had an extremely damaging effect on the American economy and society, if it went into effect. In response, a group of scientists wrote and circulated among their colleagues a petition against Kyoto Protocol ratification

("the Oregon Petition", 1998).

102. The full text of the Oregon Petition:

"We urge the United States government to reject the global warming agreement that was written in

Kyoto, Japan in December, 1997, and any other similar proposals. The proposed limits on greenhouse gases would harm the environment, hinder the advance of science and technology, and damage the health and welfare of mankind.

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 39 of 69 PageID 39

There is no convincing scientific evidence that human release of carbon dioxide, methane, or other greenhouse gasses is causing or will, in the foreseeable future, cause catastrophic heating of the

Earth's atmosphere and disruption ofthe Earth's climate. Moreover, there is substantial scientific evidence that increases in atmospheric carbon dioxide produce many beneficial effects upon the natural plant and animal environments ofthe Earth. "

103. From 1998 to 2008, this petition was signed by more than 30,000 scientists and other experts on the scientific subjects related to climate and the interaction between climate and human activities. There were questions about the signatures verification procedures, employed by the petition organizers, and some prank signatures were found there. Nevertheless, at least 20,000 signers were qualified experts, capable and willing to testify in the relevant official proceedings, including Congressional hearings. The subsequent intimidation campaigns, conducted by

Defendants separately and in coordination with each other, had the intent and effect of preventing them from attending and giving testimonies in official proceedings. Each Defendant committed multiple acts of tampering with each witness. Per this paragraph alone, each named Defendant committed at least 20,000 counts of tampering with witness in each of the ten-year periods 1998-

2007 and 2008-2016.

104. As an additional example of witness tampering, in December 2015, Greenpeace targeted distinguished physicist William Rapper the day before he was to testify to Congress on

COz. Attempting to intimidate and discredit Dr. Rapper, Greenpeace engaged in a pre-textual email contact in which it impersonated a representative of a Middle Eastern fossil fuel company and offered to hire Dr. Rapper to write a paper to support their COz position. Dr. Rapper first sent them prior papers he had already published to make clear what his position was, and then also warned them that he did believe fossil fuels caused environmental problems even though he believed certain exaggerated concerns about COz were not scientific. Dr. Rapper asked for no remuneration, and

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 40 of 69 PageID 40 when Greenpeace kept pressing to provide some, he made clear that (unlike Greenpeace) he was not motivated by money but would write what he believed as "a labor of love" for science and a subject he cared deeply about: "My activities to push back against climate extremism are a labor of love, to defend the cherished ideals of science ... " Instead, "if' the company wanted to reimburse him, he explained he would rather they donate "whatever" amount to a charitable scientific organization that educated on this issue but paid him nothing: "If your client was considering reimbursing me for writing something, I would ask for whatever fee would come to me would go directly to C02 coalition . .. {which] occasionally covers travel expenses but pays me no fees or salary." Ignoring this impeccable exchange, the evening before he was to testify, Greenpeace attempted to intimidate

Dr. Happer by threatening to publish a story about him and "how fossil fuel companies are able to pay academics to produce research which is of benefit to them." Of course, his exchange showed no such thing and, in fact, reflected the opposite. When he testified anyway, Greenpeace carried out its threat by publishing a report about him called "Academic-For-Hire" falsely claiming that he had agreed to be "secretly pa[id]" to "write research sowing doubts about climate change and promote the company's commercial interests." The story was pure libelous smear, as Dr. Happer (a) made clear he did not want to get paid but would write out of "a labor oflove";" (b) was not going to get paid anything; (c) made clear he would only write about research and conclusions he had already published; and (d) merely deflected Greenpeace's repeated efforts to get him to accept payment by stating that "if' Greenpeace wanted to "consider[ ] reimbursing" him it could instead donate

"whatever" amount to a charity from which he received no remuneration. Greenpeace then publicly confronted Dr. Happer in Congress as he sat for testimony by loudly repeating these slanderous charges before being forcibly removed from the chamber.

105. Some of the most relevant scientific fields for in the climate debates are geophysics, mathematical statistics, computer modeling, chemistry, and electrical engineering. A large

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 41 of 69 PageID 41 percentage, and possibly the majority, of all seientists and experts, qualified to give a relevant expert testimony, worked for the energy industry. The scientific knowledge of these experts had been proven beyond any doubt by their success in finding oil or gas fields, designing power stations, or achieving other tangible results. Many of these experts had decades of experience, and along with unblemished records of honesty, integrity, and good character. They typically had a stable source of income, ensured by their knowledge and professional skills, independent of politics and improper pressures. These qualities naturally made them suitable expert witnesses in the official proceedings.

And this is why Defendants, aided and abetted by corrupt, co-conspiring, or obscurantist politicians, launched campaigns to threaten and intimidate these experts. Their actions, which started in 1999 or earlier, prevented these experts from attending the official proceedings related to the climate debates, or forced them to withhold parts of their testimonies if they attended. Defendants even created and disseminated a conspiracy theory, in which Defendants' false claims about the physics of the atmosphere, plant biology, and the technical merits of energy conversion technologies were assumed as facts, the demands of foreign governments and non-governmental bodies were accepted as orders for America to obey, and the energy industry was blamed for any disagreement with those false claims and "failure" to obey those demands. In most cases, tampering with witnesses employed by or contracting with energy companies was camouflaged as fighting the "corporate interests".

106. Defendants and their accomplices practice attempt retribution and intimidation against witnesses and potential witnesses by threatening or harassing persons within two degrees of separation from these witnesses, including witness' employers and employers' partners or donors.

107. Defendants took and executed contracts on the third parties - organizations not employing the scientists whom Defendants labeled "climate deniers", not opposing Defendants, and not obviously threatening the Defendants' agendas. For example, Defendants apparently took a contract on the American Legislative Exchange Council (ALEC), a prominent conservative

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 42 of 69 PageID 42 organization founded in 1973. Defendants ran a perfectly orchestrated public campaign, that falsely accused ALEC of"climate change denial", threatened its corporate members and donors, and caused many of them to leave or to stop donating to the organization.

108. Defendants corruptly persuaded, attempted, or conspired to corruptly persuade witnesses in official proceedings, including hearings in Congress, Congressional committees and sub-committees, and government agencies, to testify falsely that humans, and especially Americans,

Western Europeans, and residents of British Commonwealth countries, caused dangerous climate changes.

109. Defendants corruptly persuaded, attempted, or conspired to corruptly persuade witnesses in official proceedings, including hearings in Congress, Congressional committees and sub-committees, and government agencies, to falsely testify falsely that carbon dioxide, an invisible and harmless gas, exhaled with each human breath, was a pollutant.

110. Defendants corruptly persuaded, attempted, or conspired to corruptly persuade witnesses in official proceedings, including hearings in Congress, Congressional committees and sub-committees, and government agencies, to omit from their testimonies that carbon dioxide was a plant food that increases agricultural production and typically decreases crops' water demands, making them more drought tolerant.

111. Defendants corruptly persuaded, attempted, or conspired to corruptly persuade witnesses in official proceedings, including hearings in Congress, Congressional committees and sub-committees, and government agencies, to change their testimonies in other ways, in order to advance the Climate Alarmism Enterprise.

112. To achieve these purposes, Defendants counseled, commanded, or induced employees of some government agencies, scientists, and pseudo-scientists, working under government grants to corruptly alter current and historical surface temperature records, to present results of dubious

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 43 of 69 PageID 43 calculations as records, or to conceal computer codes, containing errors or intentional fraud, but alleged to provide scientific evidence favorable to the Climate Alarmism Enterprise.

113. Additionally, in orderto corruptly persuade the witnesses and potential witnesses,

Defendants told them many lies, including but not limited to:

that the IPCC was an authority

that IPCC Assessment Reports had alleged certain alarmist conclusions which they had

not alleged, or even explicitly rejected

that 97% of scientists, or so-called "climate scientists", supported the Climate Cult dogma

that there was a "scientific consensus" behind the Climate Cult dogma

that sea level rise was caused by anthropogenic climate change, when in fact it has been

happening since the last glacial episode 20,000 years ago

that anthropogenic release of carbon dioxide caused dangerous climate change

that burning fossil fuels in the US and other Western countries caused hurricanes and

other natural disasters in the poor countries - what was called "weather cooking" in the

times of medieval witch hunts

that the dissent from the Climate Cult was funded by ExxonMobil or "fossil fuels"

114. Note that the phrase "scientific consensus" is an oxymoron, because consensus is a decision-making method, used exclusively in situations that are beyond the reach of science, like jury trials or some political forums. Thus there is a consensus among Defendants to stir up unfounded climate alarm in order to advance their goals and the goals of the Climate Alarmism

Enterprise and its allies.

115. Additionally, in order to corruptly persuade the witnesses and potential witnesses,

Defendants and their directors, officers, agents, or employees widely disseminated, or caused to be disseminated various graphs, pictures, animations, and videos, alleged to be scientific evidence, but

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 44 of 69 PageID 44 which were in fact produced or manipulated by common graphing, image processing, animation, or movie-making software.

Bribery of Witnesses

116. On multiple occasions, Defendants gave, offered, and/or promised money, services, and/or other things of value to putative scientists, for or because of their false testimonies in official proceedings, including but not limited to Congressional hearings and hearings before authorized governments agencies.

117. On multiple occasions, Defendants gave, offered, and/or promised money, services, and/or other things of value to putative scientists, for intentionally corrupting (including but not limited to altering, destroying, or concealing) objects or records (including but not limited to scientific measurements, historical records, processed data, computer programs, published scientific works, or the metadata associated with them) with knowledge and intent that these corrupted objects or records would be introduced in official proceedings, possibly by persons not aware that the objects or records had been corrupted, or used for corrupt persuasion of witnesses.

118. On other occasions, Defendants corruptly gave, offered, and/or promised money, services, and/or other things of value to organizations or individuals associated with these organizations, for or because of the false testimonies by these organizations or their representatives in official proceedings, including but not limited to Congressional hearings.

119. An example of this bribery is the relationship between Defendants and Dr. Michael E.

Mann ("Mann," born 1965), born in 1965, probably the most famous among the putative "climate scientists", aiding or abetting the Climate Alarmism Enterprise. Currently, Mann is a Distinguished

Professor of Atmospheric Science at Penn State University, with joint appointments in the

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 45 of 69 PageID 45

Department of Geosciences and the Earth and Environmental Systems Institute (EESI). He is also a director of the Penn State Earth System Science Center (ESSC).

120. In 1998, the undistinguished and unremarkable Mann received his PhD and was employed as an adjunct assistant professor at the University of Massachusetts (not to be confused with the famous MIT.)

121. By that time, the Climate Alarmism Enterprise, supported by governments of many

Western European countries and then Vice President Al Gore, was already in power, hostile to science and reason.

122. It is a well-known fact, that plants grow by photosynthesis- a process of converting carbon dioxide from the air into biomass, using sunlight as the energy source. Carbon dioxide is the plant food, and higher carbon dioxide concentrations improve the yields of agricultural crops and accelerate the growth of trees. The concentration of the carbon dioxide in the air has increased over the last 150 years, mostly because of burning fossil fuels and converting forests into agricultural land.

123. The extent and effect of this fertilization effect depend on the plant species. For instance, Bristlecone Pine is a tree, in which the fertilization effect is especially pronounced, and much of the added biomass is stored in its trunk, leading to thicker tree rings. For this reason, the

Greening Earth Society, a non-profit organization founded in 1997 to educate those who had neither learnt about photosynthesis on the farm nor in the school, even selected the Bristlecone Pine as its symbol. The Greening Earth Society was known to many Defendants since at least 1998.

124. It is a well-known fact, that solar radiance is the main factor determining land surface temperature.

125. For example, winters (seasons of lower solar radiance) are colder than summers

(seasons of higher solar radiance.) Within the same season, days when the sun is shining tend to be

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 46 of 69 PageID 46 hotter than days when sunlight is blocked. Nights are colder than days. Years with higher solar radiance tend to be warmer than years with the lower solar radiance. Geographically, average land temperatures tend to decrease toward the poles, because annual solar radiance in the local horizontal plane decreases toward the poles. All the Defendants know these facts.

126. Since the solar radiance largely determines both the surface temperatures and plants photosynthesis rates (when other factors do not change significantly), the thickness of the tree rings of many tree species is frequently used to determine past temperatures (what is called "temperature proxies"). This is also a well-known fact. There are additional factors, and not all tree species are suitable, but the methodology was mature and these issues were known to the specialists long before

1998. Bristlecone Pine was known as an unsuitable species.

127. In 1998, Michael Mann, together with Raymond Bradley and Malcolm Hughes

(Mann was the main author) published an article called "Global-scale temperature patterns and climate forcing over the past six centuries" in the then prestigious scientific journal Nature. In 1999, they published another article in the Geophysical Research Letters., this time pretending to have reconstructed global temperature patterns over the last 1,000 years. These articles purported to show that the last decades of the 20th century exhibited average hemispheric temperatures higher than any in the last 1,000 years, contrary to the historical records and the settled science of the past climates.

The Summary for Policymakers from the IPCC Third Assessment Report prominently displayed a hockey stick-like graph, based on these articles, as a "proof' of allegedly unprecedented warming.

128. These articles were based on fraud. Mann added Bristlecone Pine, already known to be unsuitable as a "temperature proxy", to the list of suitable proxies, and assigned to it a disproportionately large weight in his calculation of multi-proxy weighted average, thus creating the infamous hockey-stick graph.

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129. In simple words, Mann's own data had shown a positive fertilizing effect of increase in the carbon dioxide concentration (denied or downplayed by the Defendants), but his words alleged negative and dangerous warming, to the delight of Defendants.

130. On July 29, 2003, Mann testified before the U.S. Senate Committee on Environment and Public Works. Having been "incentivized" by Defendants, he made multiple materially false statements and omissions. Among them:

a) Mann falsely claimed to be a Professor in at UV, when he was only an Assistant

Professor;

b) Mann falsely claimed that "Evidence from paleoclimatic sources overwhelmingly supports the conclusion that late-20th century hemispheric-scale warmth was unprecedented over at least the past millennium and probably the past two millennia or longer," knowing that the opposite was true;

c) Mann called his activities "research", and failed to disclose the scientific fraud he had committed instead of research;

d) Mann failed to disclose the remuneration that he had received, or had been promised by Defendants or their co-conspirators.

131. On July 27, 2006, Mann testified before a sub-committee of the House Committee on

Energy and Commerce. Having been "incentivized" by Defendants, he again made multiple materially false statements and omissions. Among them:

a) Mann falsely stated: "Numerous independent studies using different data and different statistical methods have re-affirmed the most important conclusions of the work". In fact, all the "studies" that purported to re-affirm conclusions of his work were derived from his work, not independent, and used the same method of injecting and overweighting an inappropriate proxy.

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b) Mann alleged that his "research" had been peer-reviewed and falsely stated: "Peer review in my field is anonymous. Authors play no role in selecting peer reviewers." In fact, Mann had been selecting, or attempting to select, not only the "peer reviewers", but even the journal editors. He had even threatened scientists and editors, who criticized his work, and at least attempted to get them fired from their jobs, or interfered with their livelihood in other ways.

c) Mann called his activities "research", and failed to disclose the scientific fraud he had committed instead of research.

d) Mann failed to disclose remuneration, promised remuneration, and other undue influence by Defendants and their co-conspirators.

132. These materially false statements, made by Mann in these testimonies, have greatly advanced the interests of Defendants and the Climate Alarmism Enterprise.

133. The Defendants rewarded Mann both financially and in other ways (providing him fame, power, and, at the time of filing this Complaint, even immunity from justice.) Immediate! y after publication of MHB98, Mann was appointed a Lead Author in the IPCC. In 2005, Mann was appointed a Director of the Earth System Science Center in PSU. In 2009, he became a full

Professor. In 2013, he became a Distinguished Professor. All these positions, which he achieved through influence of Defendants, paid much more than his prior job. In addition, Defendants advertised and promoted Mann's books. Defendants assisted Mann to receive a number of then prestigious and/or valuable awards and appointments. In addition, Defendants promoted Mann's career as a highly compensated speaker. As a speaker, Mann is represented by Jodi Solomon

Speakers Bureau, which also represents Annie Leonard, the Executive Director of Greenpeace USA.

134. Defendants spent somewhere between $50 Million and $2 Billion (including misappropriated public funds) to protect Mann against criticism and to empower him to abuse, or to attempt to abuse his critics, and to shield him from justice:

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a) In 2006, at the request of Rep. Joe Barton of the United States House Committee on

Energy and Commerce, three statisticians, led by Prof. Edward Wegman, prepared a report, addressing the putative scientific merits of Mann's articles MBH98 and MBH99. Prof. Wegman also testified about this report in person. The statisticians were neutral, and not involved in the climate debates prior to that. The report concluded, that Mann applied the statistical methods incorrectly, and the results of his research were invalid. No investigation of Mann's actions was requested or performed at that time. Defendants launched a concerted campaign of character assassination, libel and threats against Prof. Wegman and individuals around him, including at least one student of his. Defendants also attempted to cause bodily injuries to Prof. Wegman, and put his name on the Target Lists.

b) In April2010, the Virginia Attorney General started a probe, based on evidence of fraud related to grants, received by Mann at UV A. Defendants and their collaborators obstructed and eventually shot down this probe.

c) Mann launched a number of abusive lawsuits against those who criticized him. In at least one of these lawsuits, Mann falsely claimed to be a Nobel Laureate. On information and belief, at least some of these abusive lawsuits, strategically directed against public participation, were assisted by direct or indirect funding and/or services from Defendants.

d) Defendant Fenton created and promoted the website RealClimate.org, used by Mann and his collaborators to insult and defame his critics, and attempted to conceal its (Fenton's) participation.

135. Defendants bribed employees of NASA Goddard Institute of Space Studies (NASA

GISS.)

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Bribery of Officials

136. To achieve their illegal goals, Defendants regularly bribed and continue to bribe public officials, including, but not limited to some members of Congress and certain state Attorneys

General. Bribes have been given directly or through intermediaries, in cash, "in-kind", by providing services of value, and in other forms.

137. For example, the Sierra Club endorsed Representative Raul Grijalva (D-AZ) and actively promoted his re-election bid, using their highly trafficked website sierraclub.org as one of the tools, and continue promoting him at the time of filing this Complaint.

138. On or around February 24, 2015, Grijalva sent letters to Presidents of seven

Universities, that employed five distinguished scientists -Richard Lindzen of MIT, John Christy of the University of Alabama in Huntsville, Willie Soon of Harvard Smithsonian Center for

Astrophysics, David Legates of the University of Delaware, and Judith Curry of Georgia Tech- and two academic experts on policy and environment: Roger Pielke Jr. of the University of Colorado and

Steven F. Hayward of Pepperdine University. All of these experts had testified before Congress on the so-called "climate change", thus displeasing the Climate Alarmism Enterprise. The letters slandered these academics, and illegally demanded that the Universities to conduct extensive discovery and investigation against these persons. The letters also demanded all drafts of their testimonies before all government bodies, all their communications of the academics related to these testimonies, their private financial information, and their private communication- all over an eight year period.

139. These letters served no other purposes but to harass these witnesses, to cause them pain or even illness, to interfere with their lawful employment, and to deter other scientists from attending and giving truthful testimony at official proceedings related to carbon dioxide emissions and their putative linkage to the so-called "climate change." Grijalva's Communications Director, 50

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Adam Sarvana, brazenly admitted that there were no grounds to suspect any wrongdoing and the scientists were targeted solely because of their Congressional testimonies: "The way we chose the list of recipients is who has published widely, who has testified in Congress before, who seems to have the most impact on policy in the scientific community."

140. In another example, the Sierra Club Defendants endorsed Kamala Harris, current

Attorney General of California, and actively promoted her election campaign to US Senate, using their highly trafficked website sierraclub.org as one of the tools.

141. In or around November 2015, prompted by the Climate Alarmism Enterprise and a

PR campaign by its marketing accessory insideclimatenews.org, California Attorney General

Kamala Harris and New York Attorney General Eric Schneiderman launched an investigation of

ExxonMobil, a Texas oil company. The pretext for this investigation was some public interest research, conducted by ExxonMobil more than 40 years ago, but Harris and her accomplices openly admitted that the real cause was their belief that ExxonMobil supported witnesses, whose testimony the Climate Alarmism Enterprise had been trying to suppress. Harris and her accomplices failed to admit to another motive- the "failure" by ExxonMobil to make sufficient financial contributions to

Harris, her party comrades, and the Climate Alarmism Enterprise, compared with the contributions that Exxon's competitors (many of whom were foreign oil companies) made.

142. Having been corruptly influenced by or even having conspired with Defendants, US

Attorney General Loretta Lynch has opened a case against "climate change deniers", and had even referred this case to FBI, as she acknowledged in a press conference on March 9, 2016.

143. There is a revolving door between the Defendants and many government agencies, especially the EPA, and Congressional staff.

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Embezzlement from Pension Funds

144. Defendant Ceres and other Defendants embezzled, attempted to embezzle, or conspired to embezzle trillions of dollars from pension and welfare plans, including, but not limited to, the Social Security Trust Fund, and continue to do so at the time of filing this complaint.

145. Ceres attempts to justify these actions as follows: "In order to limit global warming to below 2°C and avoid the worst effects of climate change, the world needs to invest more than an additional $1 trillion per year in clean energy through 2050- the "Clean Trillion. " ... Meeting the

Clean Trillion goal will be a tremendous challenge, but it is achievable if businesses, investors and policymakers join forces. "

146. Ceres and other Defendants intend to misappropriate at least half of this money -

$500 billion per year, or $18 trillion ($18,000,000,000,000) over the next 36 years- from citizens and legal residents of the United States of America. Neither Ceres nor the other Defendants are willing or able to obtain any significant (in this context) amount of money from China, or from any country in the world outside of the Western Europe and the British Commonwealth, and are unlikely to succeed even in these countries.

147. Together, the Defendants own more than $40 billion in cash and liquid assets, and have an annual income of more than $3 billion. The Defendants have full control of almost all of their assets and income. Nevertheless, hardly any of their money is invested in what they call "clean energy". When Ceres writes "the world needs to invest" it means "we want to put our hands on your money".

148. In this scheme, Defendants see themselves as recipients or redistributors of the money, not as the donors. Further, no person or private business is willing to waste their money on the "clean energy" schemes. The US Treasury is empty, and owes a huge debt, in part by reason of actions by Defendants. The only places from which such amounts of money can be misappropriated 52

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 53 of 69 PageID 53 are welfare benefit plans, pension benefit plans, or funds connected therewith, as defined in 18 U.S.

Code § 664, including Social Security funds.

149. Ceres is obscenely sincere, saying that its goal is possible only if"policymakers join forces". Unfortunately, many policymakers and union bosses do just this, although it is forbidden to them and anybody else to divert even $1 of the public money "to limit global warming to below

2°C", or to take any other action based on the Climate Cult dogma.

150. In order to facilitate and accelerate embezzlement from the pension and welfare funds by participants in the Climate Alarmism Enterprise, Defendant Ceres operates what it calls the

"Ceres Coalition", which includes: a) Defendants WWF, FOE, NRDC, EDF, UCS, and Sierra Club; b) Some other members of the Climate Alarmism Enterprise and their aiders, abettors, and/or

accessories; c) Pension funds, welfare funds, and their de-facto managers, including the AFL-CIO (the union

federation), SEIU (Service Employees International Union), CalPERS (California Public

Employees' Retirement System), CalSTRS (California State Teachers' Retirement System),

California State Controller's Office, California State Treasurer's Office, and Connecticut Office

of the State Treasurer.

151. With the same goal to embezzle from pension and/or welfare funds, Defendant Ceres also operates what it calls the "Investor Network on Climate Risk", which it describes as follows:

"The Investor Network on Climate Risk (/NCR) is a network of more than 120 institutional investors representing more than $14 trillion in assets committed to addressing climate change and other key sustainability risks, while building low-carbon investment opportunities. /NCR includes the largest institutional investors in North America as well as leading religious and labor funds, asset managers and socially responsible investment funds. "

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152. Defendant Ceres and its accomplices have developed and shared with other

Defendants a Blueprint for Sustainable Embezzlement, which is unavailable to Plaintiff.

153. On multiple occasions, Defendants counseled, commanded, induced, or procured embezzlement from pension and/or welfare funds, each of these acts of embezzlements having benefitted the acting Defendant(s), other Defendants, other members of the Climate Alarmism

Enterprise, their aiders or abettors, or the Climate Alarmism Enterprise as the whole.

154. On multiple occasions, Defendants used illegal means to force publicly traded companies, whose shares were owned by pension and/or welfare funds, to act against their (the companies') interests, the interests of their shareholders, and the public interest, or manipulated stock prices of those public companies. While the pension and/or welfare funds suffered losses,

Defendants shielded or even enriched themselves and their accomplices by providing advance warnings of the Defendants' actions to other Defendants or their associates, receiving advance warnings from other Defendants or their associates, trading on this information, or by receiving payments from the affected companies, other Defendants, or their associates, who had financially gained from trading in the stock of the affected companies. Using this scheme, the Defendants directly victimized pension and welfare funds.

155. In 2008-2012, the Defendants conspired with and/or induced some managers, employees, and/or agents of California Public Employees' Pension System (CalPERS) to invest almost a billion dollars of CalPERS funds in certain "clean tech" schemes, financially benefitting

Defendants. CalPERS lost tens or hundreds of millions of dollars on these "investments", while

Defendants gained from them financially and re-invested some of the income into the Climate

Alarmism Enterprise. Defendants also touted these investments as a "proof' that their "clean energy" schemes (ranging from residential solar panels to making gasoline from algae) were mature technologies, capable of replacing oil, coal, and natural gas. In 2013, Joseph Dear, the CalPERS'

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 55 of 69 PageID 55 chief investment officer, mocked the victimized workers by commenting on this episode: "Our experience is that this has been a noble way to lose money. "

Other Misconduct

156. China emits more carbon dioxide than the USA, and many times more of other so called "greenhouse gases" than the USA. Additionally, China emits large amounts of real pollutants, including particulate matter and chemicals, unknown to Plaintiff. This pollution travels a long distance and reaches the US territory, causing health consequences, unknown to Plaintiff. The US emits much fewer pollutants, and practically none of them reach China.

157. Nevertheless, since at least 2010 and continuing through the present, the Climate

Alarmism Enterprise, Defendants, and many of their directors, officers, employees, and agents, including American citizens, have been siding with the government of China and against the United

States of America on almost every matter, related to the international "climate change" negotiations, energy policies, and environmental policies. For example, the Climate Alarmism Enterprise members cursed the US for "insufficient" decreases in emissions of the so-called "greenhouse gases", the gases that they declared harmful, in the same time praising China for increased in emissions of the same gases. Defendants and individuals associated with them advised the federal government to de-develop the United States and to enact regulations having the effect of transferring many remaining industries from the United States to China and other countries. On information and belief, at some point between 2001 and 2010, leaders of the Climate Alarmism Enterprise made a secret deal with the government of China, under which Defendants and Defendants' allies and accomplices would perform these and other actions in exchange for support, including but not limited to money, from China. On information and belief, Defendants have been receiving and carrying out instructions from the government of China since at least 2010.

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158. Defendants knowingly and willfully damaged, attempted, or conspired to damage property of energy facilities. If the object of the attempt or the conspiracy had been achieved, it would have resulted in the death of multiple persons and damages over $100,000.

159. Defendants knowingly and willfully damaged, attempted, or conspired to damage property of energy facilities, and caused, attempted, or conspired to cause a significant interruption or impairment of the function of at least one energy facility.

160. Moreover, Defendants knowingly and willfully attempted or conspired to destroy most of the national energy infrastructure. If the object of these attempts or the conspiracies had been achieved, it would have resulted in millions of deaths.

161. On multiple occasions or continuously over more than ten years, many directors, officers, employees, and agents of Defendants have been corresponded with foreign governments with the intent to influence their conduct in disputes with the United States adversely to the United

States, and to defeat the measures of the United States. In particular, this behavior happened in the run-up to and in during the Conferences of the Parties to the UNFCCC, including the latest COP21 that was held in Paris, France, from 30 November to 12 December 2015.

162. On multiple occasions and on a very large scale, Defendants illegally aided foreign powers and foreign entities to influence US presidential elections, US Congress elections, and state elections illegally, transferring illegal foreign donations and/or "in-kind" gifts to candidates who promised to accommodate various agendas of those foreign powers or entities; in many cases they linked those agendas to the so-called "climate change". Those agendas frequently included control over the anthropogenic release of carbon dioxide. Some Defendants illegally influenced the elections, being foreign entities themselves. Defendants continue these illegal activities through the date of this filing.

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163. Defendants assaulted and continue to assault the use of both fossil fuels, hydropower, and nuclear power. Their assault on the nuclear power is as fraudulent as their assault on the fossil fuels consumption. For example, in 2006, Greenpeace mistakenly released an unfinished draft email about nuclear power awaiting only the insertion of what the drafter described as an "ALARMIST

AND ARMAGEDDONIST F ACTOID:" "In the twenty years since the Chernobyl tragedy, the world's worst nuclear accident, there have been nearly [FILL IN ALARMIST AND

ARMAGEDDONIST FACTOID HERE]."

C. The Climate Alarmism Enterprise's Texas Activities

164. The Climate Alarmism Enterprise's activities have entailed significant contacts with and effects in Texas.

165. Many actions of each and every Defendant and the Climate Alarmism Enterprise as a whole have been directed towards or occurred within Texas.

166. In the daily conduct of the Climate Alarmism Enterprise, each and every Defendant damaged, attempted, or conspired to damage tangible property of Texas persons. For example, on multiple occasions Defendants damaged tangible property of ExxonMobil, the largest Texas company.

167. Each and every Defendant embezzled, or attempted or conspired to embezzle, from pension or welfare funds, that have Texas persons as beneficiaries, or are located in Texas.

168. Defendants supported and/or counseled others to support illegal foreign boycotts against ExxonMobil and other Texas companies.

169. Combined, it is clear that various members of the Climate Alarmism Enterprise and their ongoing activities have significant connections to Texas, and that the Climate Alarmism

Enterprise has caused Plaintiff to suffer substantial damages in Texas.

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D. Injury and Damages

170. The Climate Alarmism Enterprise's activities has inflicted and continues to inflict substantial harm on the public in general, and on Plaintiff as a part of the public. The following paragraphs allege additional injuries, inflicted on Plaintiff.

171. The scientific ignorance of the majority of acolytes of climate alarmism, combined with their fervor and intolerance of any dissent, have led to them being frequently called a cult.

Herein, Plaintiff refers climate alarmist dogma and practice the Climate Cult. Plaintiff is not a public figure, but has published his criticism of the pseudo-science, peddled by the Defendants in order to justify and advance the Climate Alarmism Enterprise. Further, Plaintiff published articles and blog posts critical of the politics of climate alarmists.

172. The Defendants, acting directly or through their marketing accessories and corrupt officials, singled out individuals, who publicly criticized the dogma of Climate Cult or objected to its establishment as state religion, and labeled them as "climate change deniers" or "climate deniers".

Although not on any Target List at the time of filing this Complaint, Plaintiff is a "climate denier" in the terminology of the Defendants, and easily recognized as such within seconds by anybody with an

Internet access.

173. In their campaign to silence dissenting speech, Defendants have threatened and continue to threaten Plaintiff, and maliciously smeared and defamed Plaintiff, including but not limited to harming his professional qualification, judgement, and capabilities, causing Plaintiff loss of business and employment opportunities now and in the future. The Defendants contacted multiple companies in Texas and other states, demanding them that they not hire Plaintiff and not to do any business with Plaintiff. These threats, smears, and interference with lawful employment are inseparable from the whole pattern of retaliating against witnesses, tampering with witnesses, and

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 59 of 69 PageID 59 bribery, committed by the Defendants. Thus, Plaintiff suffered direct damage to his business and employment opportunities by reason of these racketeering activities by the Defendants.

174. Plaintiff resides and is employed as a software engineer in Texas. Plaintiff estimates that he has suffered damage exceeding $30,000 from lost wages or other income just from January 1 through August 31,2016 by reason ofDefendants' tampering with witnesses and bribing officials.

When trebled in accordance with 18 U.S.C. § 1964, the expected recovery exceeds $90,000.

Further, past and ongoing illegal activities of the Defendants threaten Plaintiffs current job, and are likely to cause Plaintiff substantial financial damages in the future.

175. Plaintiff has been paying into the Social Security Fund for more than 15 years, and is entitled to a pension when and if he reaches the retirement age, established by Law. The Defendants embezzled, attempted, or conspired to embezzle from the Social Security Fund and from funds connected therewith, on an unprecedented scale. State- and union- managed pension funds, such as

CalPERS, are connected with the Social Security Fund, because their managers have significant political power and will attempt to divert funds from the Social Security to cover shortages, caused by their complicity in the activities of the Climate Alarmism Enterprise. The Defendants also exercise enormous corrupt influence in the federal government, allowing them to move the Social

Security Fund losses from some beneficiaries to others, and even to third parties in other countries.

Thus, Plaintiff suffered direct damage to his property by reason of the embezzlement from pension funds, committed or attempted by the Defendants and their co-conspirators.

176. The total amount of these damages can only be calculated once the full scope and activities of the Climate Alarmism Enterprise are revealed.

DISCLOSURE UNDER 18 U.S.C. § 2382

177. The nerve center of the Climate Alarmism Enterprise is outside of the US. Some individuals, affiliated with the Defendants, other members and/or allies of the Climate Alarmism 59

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Enterprise, might be committing Treason against the United States of America. The suspicious activities are as follows:

a) Defendants and their accessories and associates falsely assert authority of the

Intergovernmental Panel on Climate Change on the territory of the United States and/or its waters.

The Intergovernmental Panel on Climate Change includes North Korea, which is in a state of war with the United States and threatens military attacks against the United States; asserting enemy's authority might be considered as adhering to enemies or giving them aid. Note also that many

Defendants and their collaborators in the Climate Alarmism Enterprise maintain offices in China, the ally of North Korea; these offices enable easy and undetectable contacts between North Korea and individuals participating in the Climate Alarmism Enterprise.

b) Some Defendants have been undermining or attempting to undermine US military defenses from 1980's. Especially notorious, but not exceptional, are the Union of Concerned

Scientists and Greenpeace. In fact, it is likely that Defendants retaliated against some witnesses also for their testimonies in the hearings on the anti-ballistic missiles defense programs. Notably, the development by North Korea of nuclear weapons and long range ballistic missiles is a growing threat to the United States.

c) Defendants and their puppets attempt to degrade, damage, or even shut down the US energy infrastructure - oil and gas extraction, transportation, and processing; military and civilian fuel supply; coal, natural gas, nuclear, and hydro power stations, as well as the electricity distribution grid. Such activities might be considered as waging war on the United States, especially in light of the fact that they have been initiated and are being sustained from abroad.

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d) Defendants and their accessories declared various "wars" on Americans, conducted and continue to conduct "mobilizations" to fight these "wars" and separate "battles". Even if the words in quotes were used metaphorically, they reflect state of the minds of many Defendants' officers.

e) There was a sharp escalation in climate alarmism activity in 2004-2006, in the time of the

Iraq war, coinciding with a large Iraqi insurgency. Some evidence suggests that the Climate

Alarmism Enterprise might be a part or a tool of an organization, a group, or an informal association of individuals (possibly linked with certain United Nations bodies), aspiring to be a global government or global governance, and currently waging a war on the United States, or preparing to wage a war on the United States. In such a war, the enemy group might use means other than the recognizable arms of war, or might commandeer military or civilian assets of other parties, including the United States, and use them as tools of war. Plaintiff discloses this information, as has become known to him through analyzing publicly available documents, to the Honorable Judge and does not attempt to give a legal interpretation.

CAUSES OF ACTION

COUNT I

RACKETEERING IN VIOLATION OF RICO, 18 U.S.C. §§ 1962(c)

(AGAINST ALL DEFENDANTS)

178. Plaintiff restates each and every allegation in the foregoing paragraphs as if fully set forth herein.

179. All the Defendants are persons within the meaning of 18 U.S.C. § 1961(3).

180. From at least 2008 and continuing through the present, all the

Defendants and enterprise members were associated in fact and comprised an "enterprise" within the meaning of 18 U.S.C. §§ 1961(4) and 1962(c) willfully and with actual knowledge of the illegality of their actions and those of the enterprise. Some Defendants were members of this enterprise since 61

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1988. The Climate Alarmism Enterprise is engaged in, and its activities affect, interstate and foreign commerce.

181. The Climate Alarmism Enterprise has an existence beyond that which is merely necessary to commit predicate acts and, among other things, oversaw and coordinated the commission of numerous predicate acts, each of which caused direct harm to Plaintiff, on an on going basis in furtherance of the scheme.

182. During the Scheme Period, each of the Defendants agreed to and did conduct and participate in the affairs of the Climate Alarmism Enterprise through a pattern of racketeering activity within the meaning of 18 U.S.C. §§ 1961(1) and (5), and 1962(c). It was among the purposes of the Climate Alarmism Enterprise to establish the Climate Cult dogma, declaring that human breath is pollution, as the state religion; to suppress dissent, including but not limited to witness testimonies in official proceedings; to undermine the Constitution; to inflict enormous damage on the USA, its citizens, and residents; and to steal enormous amount of money. This scheme was also intended to, and did, in fact, result in huge profits for the members of the Climate

Alarmism Enterprise, and caused harm to Plaintiff.

183. The Defendants' conduct and acts in furtherance of the enterprise's goals included, but were not limited to the predicate RICO acts of: Retaliation against a witness and/or victim and/or an informant in violation of 18 U.S.C. § 1513, as set forth in 18 U.S.C. §§ 1961(l)(B); Tampering with a witness and/or victim and/or an informant in violation of 18 U.S.C. § 1512, as set forth in 18

U.S.C. §§ 1961(1)(B); Embezzlement from pension and/or welfare funds in violation of 18 U.S.C. §

664, as set forth in 18 U.S.C. §§ 1961(1)(B); Bribery in violation of 18 U.S.C. § 201, as set forth in

18 U.S.C. §§ 1961(1)(B); Bribery in violation of Texas Penal Code, Title 8, Chapter 36, punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§ 1961(1)(A); Bribery, chargeable under laws of other states and punishable by imprisonment for more than one year, as set

62 ------

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forth in 18 U.S.C. §§ 1961(l)(A); Bribery, chargeable under laws of the District of Columbia, punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§ 1961(l)(A). Each

Defendant committed at least two such acts over a period of ten years in connection to establishment or operation of the enterprise, which constitutes a pattern of racketeering activity pursuant to 18

U.S.C. § 1961(5).

184. Among other things, throughout the Scheme Period, in furtherance of the Climate

Alarmism Enterprise and its goals, including establishment of the Climate Cult, and acting in concert with at least one other enterprise member, each Defendant, on numerous occasions, made or caused to be made or broadly disseminated communications and publications containing threats against

Plaintiff, and/or maliciously false and damaging statements about Plaintiff, causing direct injury to

Plaintiff.

185. Moreover, throughout the Scheme Period, in furtherance of the Climate Alarmism

Enterprise and its goals, including establishment of the Climate Cult, and acting in concert with at least one other enterprise member, each Defendant, on numerous occasions, embezzled, stole from, or otherwise misappropriated from public funds, including the Social Security Fund, or attempted to do so; doing so as an enterprise on an unprecedented scale and using unprecedented methods; and causing direct injury to Plaintiff.

186. Each of the predicate acts referred to in the preceding paragraphs was for the purpose of executing the Climate Alarmism Enterprise's schemes, and the Defendants and enterprise members engaged in such acts with the specific intent of furthering those schemes, willfully and with full knowledge. Each of the Defendants performed or participated in the performance of at least two of the predicate acts in the ten-year period ending on the date of this complaint.

187. The conduct and actions set forth herein were related to each other by virtue of: (a) common participants; (b) common victims; and (c) the common purpose and common result of

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 64 of 69 PageID 64 obtaining huge profits, degrading American scientific and intellectual capacities, creating political polarization unprecedented in the last 150 years, establishing the Climate Cult as the state religion

(fully achieved only in California), undermining national energy infrastructure, and causing vast economic damage.

188. The Defendants' activities were interrelated, not isolated, and involved a calculated series of repeated violations of the law in order to promote their scheme. The Climate Alarmism

Enterprise has existed since at least 1988, and all the named Defendants and others as yet unknown participated in its management or operation since at least 2008, and this conduct and these activities have continued as of the date of this Complaint.

189. The Defendants' direct and indirect participation in the Climate Alarmism

Enterprise's affairs through the pattern of racketeering and activity described herein constitutes a violation of 18 U.S.C. § 1962(c).

190. As a direct and proximate cause ofthe Defendants' violations of 18 U.S.C. §1962(c),

Plaintiff has sustained damage to his property, reputation, business, and employment opportunities, including injury by reason of the predicate acts constituting the pattern of racketeering activity set forth above, that was not only foreseeable but intended and an objective of the predicate activity.

191. As a result of the violations of 18 U.S.C. § 1962(c), Plaintiff has suffered damages in an amount to be proven at trial. Plaintiff is entitled to recover from the Defendants the amount in which he has been damaged, to be trebled in accordance with 18 U.S.C. § 1964(c), together with interest, costs, and any fees incurred by reason of the Climate Alarmism Enterprise's violations of 18

U.S.C. § 1962(c), and disgorgement of Defendants' illicit proceeds.

COUNT II

RACKETEERING IN VIOLATION OF RICO, 18 U.S.C. §§ 1962(a) (AGAINST ALL DEFENDANTS)

192. Plaintiff restates paragraphs 1-191 as if fully set forth herein. 64

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193. The Climate Alarmism Enterprise is an "enterprise" within the meaning of 18 U.S.C.

§§ 1961 (4) and 1962( a), which was engaged in, or whose activities of which affected, interstate and/or foreign commerce.

194. In furtherance of the Climate Alarmism Enterprise, Defendants committed the predicate racketeering acts as pleaded herein. It was a part of the purpose of the Climate Alarmism

Enterprise to establish the Climate Cult, declaring that human breath is pollution, as the state religion, to suppress dissent, including but not limited to witness testimonies in official proceedings, to inflict enormous damage on the USA, its citizens, and residents, and to steal an enormous amount of money. This scheme was intended to, and did, in fact, result in huge profits for the members of the Climate Alarmism Enterprise, and caused harm to Plaintiff.

195. The Climate Alarmism Enterprise's conduct and acts in furtherance of the enterprise's goals included, but were not limited to, the predicate RICO acts of: Retaliation against a witness and/or victim and/or an informant in violation of 18 U.S.C. § 1513, as set forth in 18 U.S.C.

§§ 1961(1)(B); Tampering with a witness and/or victim and/or an informant in violation of 18

U.S.C. § 1512, as set forth in 18 U.S.C. §§ 1961(1)(B); Embezzlement from pension and/or welfare funds in violation of 18 U.S.C. § 664, as set forth in 18 U.S.C. §§ 1961(1)(B); Bribery in violation of

18 U.S.C. § 201, as set forth in 18 U.S.C. §§ 1961(1)(B); Bribery in violation of Texas Penal Code,

Title 8, Chapter 36, punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§

1961(1)(A); Bribery, chargeable under laws of other states and punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§ 1961(1)(A); Bribery, chargeable under laws of the District of Columbia, punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§

1961(1)(A); which constitutes a pattern of racketeering activity pursuant to 18 U.S.C. § 1961(5).

196. In conducting the affairs of the Climate Alarmism Enterprise, all the Defendants used and invested income that was derived from the pattern of racketeering activity, directly or indirectly,

Case 5:16-cv-00211-C Document 1 Filed 09/12/16 Page 66 of 69 PageID 66 in the operations of other Defendants, enterprise members, and the Climate Alarmism Enterprise, which are entities and an enterprise engaged in, and the activities of which affect, interstate and foreign commerce, in violation of 18 U,S.C. § 1962(a). Specifically, the Defendants used funds they procured through the alleged pattern of predicate acts to: (a) fund the Climate Alarmism Enterprise;

(b) fund retaliation against witnesses, tampering with witnesses, bribing witnesses and public officials, and stealing from pension funds; (c) fund filing of abusive lawsuits and/or abusive motions in legitimate litigation; and (c) fund propaganda campaigns in the media; including but not limited to the use of illicit funds to fund direct and indirect actions against the Plaintiff.

197. As a direct and proximate cause ofthe Defendants' violations of 18 U.S.C. §1962(a),

Plaintiff has sustained damage to his property, reputation, business, and employment opportunities.

198. As a result of the violations of 18 U.S.C. § 1962(a), Plaintiff has suffered substantial damages in an amount to be proven at trial. Plaintiff is entitled to recover from the Defendants the amount in which he has been damaged, to be trebled in accordance with 18 U.S.C. § 1964(c), together with interest, costs, and any fees incurred by reason of the Climate Alarmism Enterprise's violations of 18 U.S.C. § 1962(a), and disgorgement of Defendants' illicit proceeds.

COUNT III

CONSPIRACY IN VIOLATION OF RICO, 18 U.S.C. § 1962(d)

(AGAINST ALL DEFENDANTS)

199. Plaintiff restates paragraphs 1-191 as if fully set forth herein.

200. During the Scheme Period, each of the Defendants willfully, knowingly, and unlawfully conspired to, and did further the efforts of the Climate Alarmism Enterprise to perpetrate the illegal scheme through a pattern of racketeering activity in violation of 18 U.S.C. §§ 1962(c) and

1962(a).

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201. In furtherance of the conspiracy and to effectuate its objectives, each of the

Defendants agreed that the following predicate acts, among others, would be committed by one or more members of the conspiracy: Retaliation against a witness and/or victim and/or an informant in violation of 18 U.S.C. § 1513, as set forth in 18 U.S.C. §§ 1961(l)(B); Tampering with a witness and/or victim and/or an informant in violation of 18 U.S.C. § 1512, as set forth in 18 U.S.C. §§

1961(1)(B); Embezzlement from pension and/or welfare funds in violation of 18 U.S.C. § 664, as set forth in 18 U.S.C. §§ 1961(l)(B); Bribery in violation of 18 U.S.C. § 201, as set forth in 18 U.S.C.

§§ 1961 ( 1)(B); Bribery in violation of Texas Penal Code, Title 8, Chapter 36, punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§ 1961(l)(A); Bribery, chargeable under laws of other states and punishable by imprisonment for more than one year, as set forth in 18

U.S.C. §§ 1961(l)(A); Bribery, chargeable under laws of the District of Columbia, punishable by imprisonment for more than one year, as set forth in 18 U.S.C. §§ 1961(1)(A); which constitutes a pattern of racketeering activity pursuant to 18 U.S.C. § 1961(5).

202. It was specifically intended and foreseen by the Defendants that the Climate

Alarmism Enterprise would engage in, and conduct activities which affected interstate commerce.

Each Defendant was aware of the various racketeering schemes, assented to the efforts of the

Climate Alarmism Enterprise to carry out these acts, and acted in furtherance of the conspiracy.

203. The pattern of racketeering consisted of multiple acts of racketeering by each of the

Defendants. The activities of these Defendants were interrelated, not isolated, and were perpetrated

for the same or similar purposes by the same persons. These activities extended for many years, and

continued up to the commencement of this action. The Defendants' conduct constitutes a conspiracy

to violate 18 U.S.C. §§ 1962(c) and 1962(a), in violation of 18 U.S.C. §

1962(d).

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204. Plaintiff has been injured in his property, reputation, business, and employment opportunities by reason ofthe Defendants' conspiracy to violate 18 U.S.C. §§ 1962(c) and 1962(a), and by the overt acts taken in furtherance of that conspiracy.

205. Plaintiff has been injured in his property, reputation, business, and employment opportunities by reason ofthe Defendants' violations of 18 U.S.C. §1962(d).

206. As a result of the violations of 18 U.S.C. § 1962(d), Plaintiff has suffered substantial damages in an amount to be proven at trial. Plaintiff is entitled to recover from the Defendants the amount in which he has been damaged, to be trebled in accordance with 18 U.S.C. § 1964(c), together with interest, costs, and any fees incurred by reason of the Climate Alarmism Enterprise's violations of 18 U.S.C. § 1962(d), and disgorgement of Defendants' illicit proceeds.

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DEMAND FOR JURY TRIAL

Demand is hereby made for a trial by jury for all issues so triable.

WHEREFORE, Plaintiff demands judgment:

(a) Awarding Plaintiff compensatory damages in amounts to be determined at trial, together with interest, attorneys' fees, costs and disbursements;

(b) Awarding Plaintiff punitive and exemplary damages in amounts to be determined at trial;

(c) Awarding Plaintiff treble damages, costs of the suit, attorney's fees, and costs of litigation under 18 U.S.C. § 1964(c), in amounts to be determined at trial;

(d) Ordering the Defendants to disgorge all monies they have improperly secured;

(e) Prejudgment and post-judgment interest; and

(f) Such other and further relief as is just and proper.

Dated: September 12, 2016

Lubbock, Texas

12501 Tech Ridge Blvd., #1535

Austin, TX 78753

(408) 921-1110

[email protected]