By Clair-Marie
Robertson
and the A.M. Costa Rica staff
Lawyers representing creditors in the Oswaldo Villalobos fraud hearing
report that the first week has been procedural.
The judge at the preliminary hearing has been mapping out how the lengthy
judicial process will go. Basically, each of the 30 lawyers involved in the
case will have their own days in which to present their evidence.
Mark Beckford Douglas, one of the lawyers, said he believes that the
hearing will result in an order for a trial for the Villalobos brother and
that the trial probably will begin this October. Others have predicted a
much longer wait, although most agree that the judge will find that there is
sufficient evidence for a trial.
Beckford is a lawyer with the Investment Recovery Center, which includes
lawyers who were suing the Villalobos Brothers even before the high-interest
borrowing operation went bust. He now represents 25 creditors, the majority
from the United States and Canada. Some of his clients are Ticos.
The hearing is private, and for the time being only lawyers are attending
the sessions.
Beckford will have his day in court Friday and said he will list all that
he believes should be resolved in the case. He said he is
more engaged with civil action because he is interested in seeing creditors
get a percentage of the money that is being held by the judiciary. Some $7
million in property belonging to Luis Enrique Villalobos has been frozen.
Beckford said that even if the case against Oswaldo is successful the
investors will only get a very small percentage of the money back that they
invested. He said that he believes that this part of the case, the return of
money to investors, will take up to two years because the courts are very
slow in compensating victims.
The Villalobos Brothers had as much as $1 billion on their books when
they closed the Mall San Pedro operation and several other branches Oct. 14,
2002. The brothers were the most visible of the high-interest operations
that collapsed around the same time.
Costa Rican law allows victims to join with the prosecution of a criminal
case to seek financial compensation. That is why the case has a civil
dimension. Prosecutors are pressing fraud, money-laundering, illegal banking
and conspiracy charges.
Only about 300 creditors of the more than 6,000 have filed as victims in
the Oswaldo Villalobos case. Luis Enrique Villalobos is a fugitive so he
will come to trial only if caught.
$7 million divided by about 300 litigants comes to a little more than
$20,000 each. |
Beckford’s summary of the case was
confirmed by another lawyer who represents victims. Beckford said that in
two weeks time the criminal part of the preliminary hearing will begin and
prosecutor from the Ministerio Público will present evidence to the court.
Keith Nash is an elderly Canadian investor who tried to take his money
out of the Villalobos operation long before investigators raided the offices
July 4, 2002. Villalobos tried to get him declared mentally incompetent and
claimed he was paying the medical bills of Nash. The Canadian rolled over
his money until he had about $1.5 million on the Villalobos books.
Luis Enrique Villalobos wrote letters to his creditors in which he
claimed that Nash’s son, a lawyer, was simply seeking his ailing father’s
money. Many investors believed the Villalobos explanation and vilified Nash
and his son, Michael, when they filed suit.
Villalobos went so far as to file a slander suit against The Tico Times
when the weekly newspaper reported the case.
The lawyers representing Nash were well positioned to represent other
victims when the operation went bust, and they started the Investment
Recovery Center.
Other creditors chose an opposite approach. They blamed the government
for closing down the Villalobos operation, and some still actively try to
encourage those who have filed suit to drop their complaints.
Luis Enrique Villalobos hasn’t been heard from since he sent A.M. Costa
Rica an e-mail in January 2003. Oswaldo Villalobos has been in preventative
detention and, for a time, under house arrest.
The case has been declared a complex one, thereby giving prosecutors more
time to obtain evidence.
Evidence has been obtained from the United States where the Villalobos
Brothers maintained bank accounts. Costa Rican prosecutors requested via
diplomatic channels the aid of the U.S. Justice Department. A federal judge
in Miami invested an assistant U.S. attorney there with subpoena power and
supervision of FBI agents who conducted an investigation and multiple
interviews. This material has never been made public but it is likely to be
presented at the preliminary hearing.
So far U.S. officials have not said one way or the other whether they
have started their own investigation of the Villalobos brothers, although
some creditors there report they have been interviewed by agents.
Oswaldo Villalobos was more closely identified with the Ofinter S.A.
money exchange firm. Luis Enrique Villalobos operated his high-interest
business in an office adjacent to the Ofinter storefront in Mall San Pedro.
However, using material collected by the Judicial Investigating Organization
prosecutors are claiming that Oswaldo Villalobos also was actively involved
in the high-interest business. |