Tag Archive for: investigations

Mistakes Expats Make in Costa Rica

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Here’s a list of Mistakes Expats Make in Costa Rica

The law can be preventive medicine, but if not used correctly, it is a devastating curative medicine.  Please let me try and help you avoid the mistakes ex-pats make in Costa Rica. Always bear in mind that the legal system in Costa Rica is Napoleonic, not Common Law. You wake up and realize things are very different here than in the US or Canada. Because of that, the best place to begin your investment plan is in an attorney’s office. Fundamentally, it’s always best to be proactive.

Eleven things not to do

Do not do anything you would not do in your hometown:

Many ex-pats seem to believe they can outsmart the system when they come to a less developed country. Or, it just may be the way most Costa Ricans behave with ‘gringos which turns them into wishful thinkers.

It is best not to try the Do it yourself method!

I know some try to save some dollars in legal fees and avoid the work of finding a good attorney to guide them. Do not do that! Do your homework. Find an attorney, you feel comfortable with and stay with him for as long as he does good work.

Do not rush into the decision of hiring an attorney.

Most importantly if you are thinking of investing in Costa Rica, hiring a local attorney is a must for you. It does not matter if you are just buying a car, a home, or planning to set up a million-dollar business. You will need an attorney. You may not like the idea of paying legal fees, but who does? But accept it and live with it. The idea is to have your lawyer working for you as ‘preventive medicine’, as insurance against what ‘might happen. Consider the legal fees as your insurance premium, because that’s really what it is. Today, you will pay a fraction of what it will probably cost to try and fix that problem later on if you do not have an honest attorney to guide you.

4. Do not think of buying Costa Rica real estate and only follow the real estate broker’s advice! In Costa Rica, real estate brokers are not licensed in the same way they are in the United States. Some of them are real professionals, but a lot of them are just ‘enthusiastic’ salespeople.

Either buying or selling real estate, you will probably need a broker’s services, but even if your Costa Rica real estate agent is first class, have your attorney on board and have him supervise the process. These are other mistakes ex-pats make in Costa Rica.

5. Do not blindly trust your own countrymen! Just because they have been here more time than you have. I have seen US citizens being conned by US people and, Canadians by Canadians and so forth. Be careful! There are a whole lot of strange people in this country, some of them fleeing from the FBI, Interpol, ex-wives, and even from mental institutions.

6. Gentlemen! Please remember that you do not, I repeat, do NOT need to marry the first beautiful ‘Tica’ (Costa Rican woman) that you meet!

7. “Old Mac Donald had a farm“: And he lost it because he never took care of it. This is a common story in Costa Rica. Again, please remember that our legal system is different.

8. South of the Border…

I am well aware not everybody here wears a big Mexican ‘sombrero’ and has a big bushy mustache. Not all the ladies are named “Juanita Bonita’. South of the Río Grande. They all come from México, Belize, Guatemala, Honduras, Salvador, Nicaragua, Costa Rica, Panamá, Colombia, and Perú, All of them are different countries, with different histories, different people, and different laws.

9. “Easy comes easy goes.” I will not even waste your time on this matter. If it sounds too good to be true, then yes! It probably is too good to be true. Nobody on this earth can give you 45% per annum in a legitimate investment.

10. There is ‘risk’ even with legitimate well-known and established private banks. Right now I am trying to help a client who deposited a large amount of money in CDs, in one local bank.

11. If you really want to live in Costa Rica then, please live IN Costa Rica! It was the year 335 B.C. Alexander the Great faced one of his greatest battles. When his army reached the Phoenician coasts, he realized their enemies outnumbered them by 3 to 1.

Do you know how he managed to win the battle? Quite simple! He ordered his ships to be burnt… While the ships were on fire and sinking on the ocean, he spoke to his army and told them the only way to go back home was on their enemy’s ships. It was that or else.

If you really want to become a resident of Costa Rica, you may have to burn your ships.

Costa Rica Welcomes Back Tourist

Visiting Costa Rica

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Are You Visiting Costa Rica? Warning

Costa Rica Welcomes Back TouristAre you Visiting Costa Rica? Warning; violent crime has reached an all-time high here. 2015 saw nearly 600 murders as opposed to 378 deaths in automobile accidents. This beautiful country has been mired with an onslaught of murders that seem uncontrolled. Although the authorities are aware of and alarmed at the increase, they lack the infrastructure to adequately respond. This is not to criticize the government here, but merely a statement of fact.

Costa Rica Not Prepared

Costa Rica’s prison situation is overcrowded, poorly managed, and woefully under-financed. As a result, this has led the government to release back into the population hundreds of convicted criminals. This in combination with the expanding narco-trafficking and influx of Mexican gang members are fueling the homicide rate. The majority of murders involve Costa Ricans.

Murders of Foreign Nationals Rise

However, the indiscriminate murder of foreign nationals is on the rise as well. Recently two Dutch nationals along with their workers were bound and executed at their property in Puntarenas. Other examples include a brutal attack on another Dutch national who operates a small bed and breakfast, where 3 Mexican guests attacked and tried to strangle her to death.

The police here are underfunded and despite their best efforts they struggle to identify and capture violent criminals. Even when they do the chances of the suspect remaining in jail are slim. Costa Rica has no capital punishment for murderers. Prison sentences are short-lived with violent criminals serving only a small portion of their sentences.

My advice is to always be aware of your surroundings and don’t take unnecessary risks while visiting this tropical paradise. Do not take your security for granted. Don’t travel alone if possible. Maintain contact with loved ones back home and tell them about your activities as well as a post on social media such as Facebook or Twitter. For example, post a picture of your hotel and rental car. In the event something does happen, you have left valuable information to follow.

I know that most don’t want to think about bad things that can happen when traveling to a foreign country, but today it is necessary to exercise caution wherever you go.

 

Missing Person in Costa Rica

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Someone is Missing in Costa Rica

Do not waste any time initiating an investigation. The longer you delay, the greater the chances that they may never be found.

Calls to investigate the disappearance of people who visit Costa Rica mostly have failed to find the missing person. The main reason for this was the lack of effort from the earliest known moment that the person went missing. Unlike the United States where there are all kinds of alerts for missing persons or endangered people, Costa Rica has no viable system in place to alert people of the missing person.

Why it is Important to Report someone missing in Costa Rica Immediately

Almost everyone here is busy scratching out a living. They really do not have time to stop what they are doing to volunteer for a search. Such was the case recently when a woman came up missing in Guanacaste under suspicious circumstances. We were not retained until three weeks after the initial disappearance. As far as I know, she is still missing.

Considerations

Having prior law enforcement experience I know the value of early response to a reported missing person. Because of earlier response time to such reports, many of the missing were located. Others who were found to be the victims of a crime, the early response assisted in bringing those responsible to justice.

In Costa Rica, law enforcement is understaffed and under-resourced. They lack the adequate resources and equipment to undertake a search for a missing person. Much of Costa Rica is endowed with lush tropical forests and jungles that lure many inexperienced and novice hikers. Unaware of the lack of cell communication once in these areas and being poorly equipped, many of the best hikers get lost.

Reality

Dangers in the jungles range from Jaguars to over thirty-nine species of poisonous snakes, not to mention crocodiles and scorpions. Medical response and medical facilities are spread out and it could take hours in some instances to get to a medical facility. Once there, of course, there is a concern that they will have the necessary equipment and staff to treat the injury.

Thus the need to report a missing person and contact someone here in Costa Rica to start looking for that person will play a vital part in finding and returning the missing person.

Missing Persons in Costa Rica

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What to do in Locating Missing Persons in Costa Rica

Kim ParisLocating missing persons in Costa Rica is much different from the methods and techniques used in the United States. There are numerous people that have gone missing in Costa Rica and have to date not been found. It is important that if you find yourself in this situation, you understand that the authorities here neither have the resources nor the motivation to find the missing person. The one thing that is absolutely necessary is to get someone involved to start looking for the missing person. The longer the time the greater the chance that the person will not be located. Please remember that the longer you wait the colder the trail will become. Additionally, don’t expect much help from the U.S. Embassy. They will take the information and tell you they will contact Costa Rica Police. However, make sure you report the missing person to the Embassy.

 

1st Thing to do in Locating Missing Persons in Costa Rica

The first thing you should do in locating missing persons in Costa Rica is to report the incident to your local law enforcement agency. When you do so give them as much information as humanly possible. Although the local law enforcement agency will have little to lend to the search and recovery of the missing person, it is one of the first things that the American Embassy in Costa Rica will ask you. Do not delay in making the missing person report to the police. All of the cases that we have handled have had considerable time lapses between the disappearance and reporting of the person missing. Each moment that passes with nothing being initiated to locate the person further reduces the chances of the person being found.

2nd Thing to do in Locating Missing Persons in Costa Rica

Call the American Embassy in Costa Rica. If you are calling from the States dial 011-506-2519-2000 and ask for extension 2453. Alternatively, if it is after business hours or the weekend, send an email to acssanjose@state.gov and provide all of the information about the missing person including but not limited to; photographs, flight itinerary, hotel reservation, date of arrival, anticipated date of departure, photographs, and the reason you suspect the person is missing.

3rd Thing to do

It is necessary that the missing person be reported missing to the Judicial Police in Costa Rica. They are commonly referred to as OIJ. If you call them be prepared to have someone who speaks Spanish as there are no resources for English. Costa Rica Law requires that an immediate member of the missing person’s family report the incident. They will not accept the missing person report from a third party. This must be done in person by the immediate family member. Thus be prepared to make arrangements for the immediate family member to travel to Costa Rica to make the report.

Alternatively, an immediate family member can go to the nearest Costa Rica Consulate and report the person missing. They will need the same information as previously outlined for the American Embassy. This will further delay the missing person investigation as the bureaucracy of the Costa Rica government moves slowly.

The Last thing to do

Probably the most important of all is not to procrastinate in reporting the missing loved one in Costa Rica. Also, equally important to retain the services of a professional and reliable private investigator to begin searching immediately.  The longer time in retaining the services of such a professional only means that the trail will be colder by the minute. Years of experience have taught me that it is imperative to get on this search as soon as possible.

Private Investigator Qualities

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Private Investigator Qualities to look for before pulling the trigger hiring a private investigator. Indeed, private investigators have historically played a part in our childhood fascinations. Due to the many famous detective characters in modern literature, we have an idea of what one is. From Sherlock Holmes to Erin Brockovich. The acute observation and the unparalleled wit of these famous private investigators make the profession attractive to many. Always accompanied by a trusted detective make use of just their intellectual abilities to nab suspects. Among the many private investigators’ qualities that a detective should possess, here are some.

Private Investigator Qualities,  Knowledge:

A real-life detective gets a variety of assignments. They range from insurance fraud, extramarital affairs, theft, surveillance, and so on. Accordingly, private detectives should possess an extensive amount of knowledge and experience. This will help them to get the job done as quickly, smoothly, and efficiently as possible.

Stealth:

A detective needs to be as inconspicuous as possible. They cannot afford to demonstrate behavior or possess some characteristic that attracts unwanted attention. Especially in cases that require prolonged surveillance. Investigators have to work in an incognito mode in order to gather as much information as possible.

Courage:

This is a primary trait of private investigators. They should be really crafty and street-smart. A little bit of hustling abilities is needed in order to get out of tight situations. As detectives do not really have any so-called authoritative backing, they need their wit to get them out of sticky situations.

Trustworthiness:

Their profession demands that clients disclose delicate information. Detectives need to understand and respect the importance and trust the clients bestow by providing such information. Under no circumstances this information should not be disclosed in any manner. The profession demands that client secrets are kept and any disclosure amounts to serious credibility issues, even inviting lawsuits.

Decision Making:

This important trait rounds up the top quality of a private detective. The job sometimes creates situations that demand thinking on the feet. Quick decision-making abilities demand keeping short-term and long-term objectives in mind. Stable conclusions based on observations that would help to resolve the case need to be taken confidently.

The qualities needed to be a detective are many. But these are some of the essential characteristics that are a must for a successful foray into this interesting profession.

 

Costa Rica Safety

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What about Costa Rica’s Safety?

Concerns about Costa Rica’s safety are among those thinking about relocating to Costa Rica. Recent murders of American citizens, Kurt Hergis in La Fortuna in February and Stephen Rutkiewicz in Guanacaste in December have served as an impetus for the rise in concern. Unbiased responses can be challenging. Many who contribute information from the English-speaking community, slant their views. Because they have a vested interest in bringing in ex-pats who are liquid and looking to invest in Costa Rica. You need to exercise caution when listening to a real estate agent or relocation adviser.

According to recent statistics, Costa Rica is less violent than its neighboring countries in Central America. This is in comparison to the United States which has a murder rate (of 4.7 per 10,000). In Canada, the rate is even lower (1.6 per 10,000). The statistics have been compiled globally by the United Nations in 2012.

Costa Rica Safety and Crime

Costa Ricans have an unrealistic view of relative criminal activity as compared to the United States. This is the result of the periodic mass shooting in the United States has the tendency to dominate world news. Physical violence in the United States for the most part is focused in urban city centers, such as Detroit. (54.6 murders per 100,000) or Baltimore (34.9 murders per 100,000). Total rates for murder continue to be low in the United States since it is a nation of 313 million individuals.

Costa Rica, with 4.8 million people is by per capita more dangerous than the United States. Some say that much of the physical violence is a direct result of the drug trade that exists between South and Central America and the United States. For example, neighboring Honduras (91.6 murders per 10,000) and El Salvador (69.2 murders per 10,000) are the two most violent nations in the world. The Security    Ministry furthered this opinion by reporting that immigrants and others that are difficult to account for contributing significantly to the violence in Costa Rica.

Expats tend to notice the violence as it affects their own peer group or comes into their community. There is relatively small English language coverage of the shootings and murders that take place in southern San Jose or the Caribbean coast. Objectively, the drug-related violence in these areas is the kind of thing that is not likely to affect a tourist or ex-pat directly. However, violence has a tendency to eventually cross borders and social divisions. Thus violence in places like Limon will eventually impact everyone who lives in Costa Rica.

Contrasting Costa Rica Law

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Contrasting Costa Rica Law to the Common Law of the United States

The Common Law that law is the foundation of the law in the United States. Similar but more confusing is the  Napoleonic Code that controls Costa Rica’s law. Contrasting Costa Rica law (the Napoleonic Code) to that of the United States (English common law) it is understandable why numerous Americans are the victims of fraud in Costa Rica. Although this article is dry, it is nonetheless informative. Especially, the challenges and obstacles you will face if you decide to open a business or buy property.

 

Usage today

No matter the fact that the Napoleonic Code was not the very first civil code. Accordingly, it did not stand for every one of Napoleons’ empire. However, it was among the most prominent. It was ratified in many countries inhabited by the French throughout the Napoleonic Wars. Furthermore, it morphed and became the basis of individual legislation devices in Italy, the Netherlands, Belgium, and Spain. Portugal, in addition to Poland (1808– 1946), and Germany to the east of the Rhine. The Napoleonic code was used till the intro of the Gesetzbuch and became the initial civil code for all of Germany.

The Napoleonic Code was additionally accepted in 1864 in Romania

The Code was likewise embraced in Egypt as part of a device of the combined courts in Egypt. The Napoleonic Code was equated into Arabic from the French between 1881-1883. Numerous various other codes with marginal effects were the German, Swiss and Austrian. Nevertheless, there is some effect of the French code that could be really felt. Especially, as the Napoleonic Code is taken as the initial efficient codification of regulation.

Napoleonic Code prevalent in Latin America

The civil law devices of the countries of modern multinational Europe, with the exemption of Russia and numerous other Scandinavian Countries. They have, to differing degrees, been impacted by the Napoleonic Code. The lawful devices of Great Britain other than Scotland and Ireland are based upon the English common law. Scottish legislation, though similarly a civil law device, is uncodified. It was impacted by the Romano-Dutch law concept, and by English legislation.

In the Middle East, the influence of the Napoleonic code was incorporated with pointers of Islamic legislation. It is also in Saudi Arabia (which follows an addition to Islamic legislation). In Kuwait as an example, house civil liberties, girls’ civil liberties, and the education and learning device can be deemed Islamic reenactments of the French civil code. A few of these features can be viewed in different other Gulf states, although much less obvious compared to Kuwait, this primarily being as a result of the autonomous attributes of Kuwait, instead of the absolutist attributes of many different other Gulf nations.

Many Latin American countries, such as Costa Rica have their system of civil law founded on the principles of the Napoleonic Code. Many who come here, especially from the United States, assume that contract law and real estate law are similar to those in the States. Nothing is further from the truth which is why it is necessary to hire a competent Costa Rica lawyer who can guide you through this process.

Is Cheating in Costa Rica Increasing ?

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I have noticed a spike in the number of cheating spouse surveillance. Is cheating in Costa Rica increasing? It has been so much, that I have had to increase staff to keep pace. Just recently, I have had more unfaithful partner cases than other types of investigations. Throughout the previous year, the need for monitoring cheating partners has actually increased twofold.

A recent study on the factors contributing to an increase was inconclusive.  Exactly what force is behind the increase, the results were mixed. The majority of the study indicates that this increase throughout financial difficult times is contrary to other information and current surveys suggesting, many people can ill afford exposure to a separation or a divorce.

Factors influencing the increase of cheating in Costa Rica

Perhaps, one factor is due to the enhanced pressure that financial tough times give the household environment. The increase might be related to the egregious partner desiring to leave the pressures. Costa Rica is a stunning nation with numerous natural resources that bring visitors from all over the world. Costa Rica is world-renowned for its stunning coastlines and tropical rainforest. It is likewise referred to as a fishing destination for enthusiastic fishermen, particularly from the United States. Numerous cases are now being examined starting with the tale that the cheating partner is going to Costa Rica to fish.

This “cover story”, in a sense holds true. The kind of fishing being done is not in the sea, it is in the many areas that have young, lovely, and beautiful females who work in the sex trade. The “fishing bait” being made use of is around 6 inches long, green, and is called United States currency.

Where do they come from

The most widespread locations in the United States experience the greatest rate of cheating partners. U.S. locations that have the highest frequency are metropolitan areas. The bigger cities such as Atlanta, Houston, San Francisco, Los Angeles, New York, Chicago, and Miami. Over the previous 6 months, most of the extramarital relations cases have actually come from the Atlanta area. The cases vary from a weekend spree to secretly sending money to the prostitute.

I have had cases where the unfaithful partner has actually bought a property in Costa Rica, without the knowledge or permission of the wife. For the most part, cheaters stand to lose their Costa Rica property. Any property acquired in Costa Rica while their marriage exists in the United States can be lost. It is subject to an undivided one-half with their spouse in Costa Rica without a divorce. In fact, the wife in the United States only has to file a demand for her undivided one-half. The Costa Rica courts and the property will be tied up until a settlement agreement is executed between them. Costa Rica has really distinct laws worrying about such realty purchases.

Agency Information

Our agency in San Jose is fully staffed and I have an associate who is a licensed Costa Rican Attorney. This is definitely an advantage to our clients in order to assist them with legal matters. Matters, such as recovering properties that have actually been obtained surreptitiously. Land grabs are common here. I have a law degree, but I do not practice law in Costa Rica and encourage anybody requiring a comprehensive description of the laws get in touch with somebody like my associate, a certified Costa Rica lawyer and have the law explained in detail.

Commonly I am asked, when should a suspicious partner seek my services. The simple truth he is coming to Costa Rica with his “pals” which alone should prompt action. If absolutely nothing takes place then the partner in the United States can have some peace of mind knowing that her suspicions were unfounded.

Costa Rica Money Laundering Criminals Indicted

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Criminals Indicted in USA for Laundering

I had the task of recovering money that a client sent to an online Costa Rica money laundering scheme. The same Costa Rica money laundering criminals were indicted in the USA. Fortunately, my client was able to recover his money prior to the closure of the scam. Not everyone is so lucky. Once again, if it sounds too good to be true it is. The scam was offering a method to move money without regulators knowing where the money originated.

The New York Times reports that this scam was “a PayPal for criminals”. The scheme embraced activities globally allowing participants to move money I’n complete anonymity. According to the article, Liberty Reserve was responsible for criminal activity ranging from stolen identities to child pornography. In the indictment which was handed down in Manhattan, “Liberty Reserve was in fact used extensively for illegal purposes, functioning in effect as the bank of choice for the criminal underworld.”  The New York Times also reports that a “senior law enforcement official, who spoke on the condition of anonymity because the charges had not yet been announced, said that one undercover agent was able to register accounts under names like “Joe Bogus” and describe the purpose of the account as “for cocaine” without questioning. That no-questions-asked verification system made Liberty Reserve the premier bank for cyber-criminals, facilitating a broad range of illegal online activity.”

Dwtails of scheme

According to information contained in the indictment Liberty reserve is estimated to have laundered more than $6 billion dollars. The founder of Liberty Reserve, Arthur Budovsky, who reportedly renounced his United States citizenship in 2011, was arrested in Spain on Friday. Budovsky formed a Costa Rica corporation in 2006 and used it as a vehicle to promote this money laundering scheme. Previously Costa Rica law provided a method of forming corporations that were completely anonymous. They are called S.A. (Sociedad Anonima) and it is virtually impossible to pierce the corporate veil due to the structure of the S.A.. Unlike American corporations an  S.A. is owned by the person who has physical possession of the corporate books. The corporate officers that appear on the official records in most cases have no connection to the ownership.

One reason I felt it was important to post this information is the high incidence of fraudulent activities here in Costa Rica. Many times unsuspecting Americans and other visitors are easy prey for the con artist. Remeber the old adage “if it’s too good to be true, then it is”? Whether it be investment offers or real estate you owe to yourself and your family to be sure before you commit any money to anything in Costa Rica.

We advise our clients that prior to sending any money to Costa Rica, especially via Western Union, they retain the professionals at Cody L. Gear and Associates to conduct a thorough due diligence. The cost of such an inquiry could prove to be pail in comparison to the loss you may suffer if you don’t. For more information call us toll free at 321*218-9209.

 

Costa Rica Private Investigators are Significantly Different

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The difference

 

Costa Rica Private Investigators are significantly different from their American counterparts. For international investigations, i.e., those in Costa Rica are unique from those in the United States. Private investigations in the United States differ from those in Costa Rica. Since I have been here for over 15 years I know the differences. You will want to keep in mind that Costa Rica is still a third-world country. If you don’t you may be throwing your money away.

 

Comparison

When you want to hire a private investigator here, you need to understand it is different that the States. Commercial directories that include a lot of information about people and businesses in the United States are available. You can also find cross-reference directory sites that identify and associate people and phone numbers. This is not the case in Costa Rica.

Database and public records

You will note, Costa Rica Private Investigators are significantly different due to the accessibility to information. The availability of data sources is thorough making the job of a private investigator in the U.S. simple in comparison to a Costa Rica private investigator. I know that is outside the scope of this blog to explain all of the differences. Depending on which region is included, Costa Rica private investigators can not access all records. Absent a lawsuit we can access civil claim records unless they have a valid reason or a source in the government in Costa Rica.

Criminal records

When it comes to criminal records, there is no reliable database that is accessible in Costa Rica.  Rather, Costa Rica private investigators must have reliable law-enforcement sources to obtain information on criminal records.  Even then it may require the services of a Costa Rica attorney to get the information. Additionally, having resources to get in touch with various governmental agencies in possession of said records is a must. There could be 3 or 4 governmental agencies with criminal and/or civil record information.

Getting the information

Investigations in Costa Rica are normally more challenging than those in the United States. The privacy laws in Costa Rica in some circumstances are stricter when compared to personal privacy regulations within the U.S. This is often the case when it pertains to criminal record checks. Corporate records in Costa Rica are incomplete. Corporate registrations in Costa Rica and other Latin American countries are entirely different regarding needs and details obtained throughout a search of records. Business records in Costa Rica are vague. Consequently, there have been cases where people’s information is not recorded properly.

Corruption

Corruption is a major issue in Costa Rica regarding private investigators and the information they can obtain. It is necessary that when an agency, corporate body, or individual decides to utilize a Costa Rica private investigator you need to vet. I also know, relying on their results, to use in your case a straightforward investigator must be retained. If you do not, the Costa Rica private investigator involved may be influenced by outside influences.

Conclusion

I know, most international private investigators know they can frequently obtain money from both their client and the subject of their investigation. You need to be cautious when choosing a Costa Rica private investigator because of the potential for corruption. I recommend you vet thoroughly a private investigator and choose the one that feels the most comfortable and knowledgeable to you. For information on this subject please visit our website, www.codygear.com, or call us toll-free at 321-218-9209.

 

Reach out to a member of our investigative team, get the answers to any questions you might have.

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