Dear Friends
and Fellow Investors,
Dec.10, 2008
We are
aware that you have not received a message
from the UCCR for some time now. That should
not be taken to mean that we have given up
hope or that we are no longer monitoring the
situation here. We made clear in our last
report that with the conclusion of the legal
process against Osvaldo the ball is back in
Enrique’s court, and we have no choice but
to await the development of “Plan B’. We
have full confidence that there is, or their
will be, such a plan.
Many of you
have suggested that Plan B might be to allow
the statute of limitations to expire; and
you have asked about the specifics that
would apply in this case. We will share with
you what we have been able to learn.
First of
all, it would have nothing to do with
Osvaldo or the duration of his imprisonment.
The limit in this case is ten years – which
is the maximum time limit set for any crime
in Costa Rica, regardless of the severity of
that crime. What is not so clear is the date
when the clock starts ticking. One legal
opinion has stated that it begins when the
formal charges are served against LEV. To
date this has not been done and it is
unlikely to happen until or unless he is in
custody. Another opinion is that the time
begins on the date when the criminal act
took place. Who determines that? We have no
idea. We believe the most logical date would
be when the raids were carried out (July 4,
2002). The truth is that there is confusion
about this matter, and it would be foolish
to make any assumption knowing the
propensity of the fiscalia to ignore the law
or to distort its interpretation. The
procedure to be followed is for the accused
to submit a request at the appropriate time
(?) to have all charges against him dropped
and to have his passport reinstated. We
should emphasize, however, that we have
never heard anything from LEV to suggest
that this is his strategy. On the contrary,
we believe that he is as anxious as we are
to begin the payback.
A number of
you have written to us that you have decided
to throw in the towel - and in doing so,
appear to be looking for our validation of
that decision. The answer is that we are
not prepared to go along with it.
We are a
group of six board members – four of whom
are presently living in Costa Rica. We are
loosely and unofficially organized to
represent our own interests as well as those
of likeminded investors. We try to be
objective in analyzing information and
taking a position. It is also fair to say
that upon occasion our collective judgment
may be based upon information that cannot be
made public.
Although we
are not able to send you a message befitting
the spirit and mood of the upcoming holiday
season, we can assure you that we are still
here and functional.
UCCR