Tag Archive for: tips

Costa Rica Safety

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

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.

Costa Rica Money Laundering Criminals Indicted

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 Real Estate Fraud

The U.S.- Costa Rica Real Estate Fraud Increasing

The police (OIJ) busted a real estate closing Monday and arrested five men suspected of Costa Rica Real Estate Fraud. The arrests took place at the closing agent’s office in Guadalupe. I have learned from news sources, that the agents uncovered an elaborate scheme. Prior to the fraud completion police notified the real owners. As a result the  police were able to thart the fraud.

They are incredibly lucky.

What we know

According to news sources, the unusual thing was that the agents were able to move in at the closing. OIJ spokesperson said they received an anonymous tip, The tip was last week, and enabled OIJ to contact the real owner of the property who said that his land was not for sale. Of those arrested one is 82, and the other suspects are 35 to 52, according to OIJ. OIJ did not reveal the names of the suspects. The property in question is in Tres Ríos in the Cartago area.

Authorities moved swiftly

OIJ acted quickly after obtaining the tip and was successful in thwarting the fraud. Being a Certified Fraud Examiner, I know that most of these types of real estate fraud are not detected until sometime after the closing. By being proactive the OIJ and its agents should be applauded for detecting and preventing this fraud. As in the United States, typically real estate fraud cases have low priority and insufficient resources to detect, apprehend and prosecute such cases. If you are considering buying real estate in Costa Rica, call us! We know the ends and outs of Costa Rica Real Estate Fraud.

Conclusion

If you are thinking about or in the middle of a real estate deal here, stop and call us. I recommend this and compare it to a second opinion from a doctor.