UCCR
 
UNITED CONCERNED CITIZENS & RESIDENTS
Established for the recovery of investor/lender funds
personally loaned to Luis Enrique Villalobos Camacho

 
 
The Abuses of Power
Part 1
 
 

The defense attorneys presented four separate appeals to the Sala Tercera (Third Chamber) of the Supreme Court on July 27, 2007.  The four dealt with different aspects of the case. The lengthiest and the most encompassing of these was a document of some 160 pages, which was compiled by lawyers who are recognized for their expertise in preparing appeals. They had not previously been involved in the case, but a review of the appeal shows that they had intimate knowledge of its details.

The document is written in the first person, as if by Oswaldo; and though he signs it, he is certainly not the author.  It is skillfully done and weaves in chronological order a tale of events which demonstrate the gross abuse of power and disrespect for the civil rights of the accused,  dating back to 1999.  The examples of abuse are well illustrated by the applicable Costa Rican law and lead one to the inevitable conclusion that nearly all the evidence gathered by the prosecutor was done so illegally. 

It is also obvious that the judges involved in the investigative phase and the intermediate phase, whose responsibility it was to make sure that due process was afforded the defendant at all times, seemed to be ignorant of that obligation when granting every request made by the prosecution without examining thoroughly the basis for the request and its legal consequences.   Indeed, their approval was so automatic that the suspicion of collusion is unavoidable.  And the defense, on the other hand, found its requests routinely denied or deferred to the trial court to be resolved later (something which never happened).

The appeal indicates that the injustice began as early as 1999.  In August of that year the superintendent of SUGEF reported to the Ministerio Publico that the Banco de Costa Rica had informed his office of questionable activity in the account of one of Oswaldo's companies.  This was passed directly to the antidrug division (precursor of the Fiscalia Adjunta de Narcotrafico, now headed by Walter Espinoza) whose chief at that time gave verbal instructions to a financial analysis group belonging to CICAD (Centro de Inteligencia Conjunto Antidrogas) to conduct an investigation.

CICAD did its job all right. In the process they obtained from ICE a list and location of the telephones (63 in all) belonging to the Villalobos brothers and their companies; they located eight bank accounts in the States and received information about transactions made there; they obtained data from the tax department (tributacion directa), the Banco Nacional and Banco de Costa Rica and also the Costa Rican stock exchange.  What they forgot, or didn't bother to do, was to obtain the judicial authority to ignore the privacy and secrecy laws that protect the citizens of Costa Rica from just such abuse of power.

There is nothing to be found in the record to indicate that any judge at any time granted the officials of CICAD the right to do what they did. Such invasions of privacy are legal only when authorized by a judge who has jurisdiction over the matter and has expressed in writing his reasons for granting the authority.  The law states emphatically that such omission renders any evidence collected in such a fashion to be invalid for legal purposes.  In October of 2001 CICAD produced an updated report of 34 pages which cited 8 conclusions - none of which mentioned the possibility of money laundering.

The significance of this is that the information collected by CICAD was used by Walter Espinoza with the letter from the Canadian government (Carta Rogatoria) in his request to Judge Sanchez in order to convince him that Casa Ofinter was involved in money laundering and thus to justify his request for the authority to conduct searches - and more.  In his request Espinoza greatly misrepresented the nature and objectives of the Canadian letter.

The Carta Rogatoria was officially received by the office of the attorney general (at that time Lic. Carlos Arias) at 10:35 AM on July 3, 2002.  Curiously, at 9:00 AM on that same date Judge Sanchez accepted the formal request of fiscal Espinosa personally. There is no evidence in the record to indicate that either the letter from Canada or the report from CICAD was included in the request, nor was any case number assigned.

A review of the case record, however, shows that Espinoza had access to the letter from Canada weeks before it was received by his superior and had, indeed, included much of it in his request. He also knew that the original document had been tampered with by the removal of those statements which emphasized that no one in Canada had been accused of anything, that it was a police investigation (not judicial) and that they only needed the collaboration of Costa Rican authorities to access bank accounts and other financial records related to the suspects. The only reference to a possible raid concerned the condominium owned by St Onge in Garabito de Puntarenas.

It was the obligation of the judge to review and evaluate the evidence submitted by the fiscal, to decide if it is credible and sufficient to justify granting the powers being requested, and to make certain that it was obtained legally.  He must assure himself that the evidence is balanced and unbiased; and, finally, he is charged with the responsibility to guarantee protection of the civil rights of the accused.  Somehow Judge Sanchez managed to read and analyze more than 70 pages of material, redact his resolution and have it ready for Espinoza by 1:00 PM on the same date he had received the request. Draw your own conclusions.

The resolution, entitled "Se Ordena Allanamiento, Registro, Requisa, Secuestro Y Otros"  was prepared in a matter of three hours - according the records.  This gave Espinoza the power to Search, Inspect, Requisition, Confiscate, Seize, and Others.  The latter included the freezing of bank accounts and the requisition of information from brokerages.   The resolution did not question the legality of the manner in which the information was obtained by CICAD.

The judge justified his decision by saying that the evidence pointed to the strong probability that the accused was engaged in money laundering; and, therefore, he approved the measures requested to obtain proof of that allegation. Regardless of the intentions of the judge, this was interpreted and acted upon by Espinoza  as carte blanche permission to proceed with his investigation.  It is doubtful that Judge Sanchez examined in depth the foundations of Espinosa's request.  Be that as it may, his decision jump-started the process and led to a sequence of abuses of the civil rights of the accused.

End of Part 1.

Thank you.

 
 
 

Monday, 03. December 2007
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