Thirty
Working Days
to submit
appeals
There
have been several events in the last
weeks of significance to the investors.
As we have previously reported, the
guilty verdict against Osvaldo
Villalobos was handed down on the 16th
of May, but the full text of the
document was not published until the 8th
of June. On that date, the tribunal
published a 1000 page document,
containing 170 pages of opinion
justifying their decision, and the
remainder, a restatement of the original
accusation and notes from the testimony
of witnesses. Counting from that date,
both the prosecution and the defense
have 30 working days (or until July
23,2007) to submit appeals.
As it
stands now, Osvaldo Villalobos has been
judged guilty of Financial
Intermediation and Premeditated Fraud,
and Not Guilty of Money Laundering.
Both the prosecution and the defense are
entitled to appeal in order to reverse
these verdicts.
Following the initial reading of the
verdict, the defense team began their
preparation for the appeal. At the same
time, the UCCR met with our lawyer Jose
Miguel Villalobos and suggested that
collaboration between the defense
lawyers and himself would be ideal.
Subsequently, a meeting with the defense
team secured their cooperation and the
blessing of Osvaldo Villalobos.
This
is a significant development for UCCR
investors late in the case, because for
the first time, our own lawyer will
bring beneficial influence to the appeal
process. We believe that Jose Miguel
Villalobos, the author of the White
Paper "Justice Upside Down", is
eminently qualified to do so.
Additionally, he has commented that the
chances of success are good, in that the
tribunal has made ample errors in law to
justify a complete reversal of the
verdict. Also as Costa Rica is under a
Roman Law justice system, there is no
sanctity or weight of precedent to any
tribunal decision. A complete turning of
the tables would not be unusual.
Some
conjecture, emanating from the defense
team, has predicted that the appeal
process will not be protracted. We shall
know the results perhaps as early as the
Fall. One thing is certain. The
completion of the appeal, be it Guilty
or Not Guilty, is the end of the legal
process for Osvaldo Villalobos. The case
has been vigorously defended with the
intent that the exoneration of Osvaldo
would become the prerequisite or
foundation for the exoneration of
Enrique.
The
appeal results could range from
confirmation of the guilty verdict to
complete exoneration on one, two, or
three charges. We will have to wait and
see. For the moment one thing is clear.
The results of the appeal, whatever they
may be, will set the stage for the next
act in this drama -- the response of
Luis Enrique Villalobos. The eyes of the
world will turn in his direction. For
the first time in 5 years, the legal
landscape will remain fixed, and the
initiative to plan and return investor
money will rest solely with him. We wish
him God Speed.