www.CostaRicaTicas.com

In the refrain of Janis Joplin’s recorded version of the Chris Kristofferson penned song "Bobby McGee," the lyrics explain a well known truth, "Freedom is just another word for nothing left to lose.” It is a melodic manifestation of Frankl’s teaching that true freedom is only attained when there is nothing left to lose. [1]

The headline of an article in this morning’s AM Costa Rica (February 9, 2011) reports, “Florida case illuminates judicial weaknesses.” That is very important because it informs fellow hobbyists who may be thinking, “Eureka,” I have found it; this is the place to be: “paradise.”

While the surface view of Costa Rica is wonderful and many have successfully lived here and done well in business, the chances of becoming a victim of the incredibly unfair, unjust and extremely partial legal system is very real. In fundamental vernacular terms: You Gringo; them Tico.

The AM Costa Rica story explains that Craig Brand, a U.S. businessman, owned 15 drug stores in Costa Rica. Brand claims that “Costa Rican lawyers conspired with some of his investors to bring false criminal charges against him and that these continuing efforts destroyed the company.”

Brand was not aware that a criminal case had been filed against him until he attempted to return to the United States. At the airport he discovered that his U.S. passport had been restricted so he could not depart from Costa Rica. The restriction was based on the order of a judge, but Brand was never notified. Such restrictions are not uncommon and the restricted person is rarely if ever notified by the court. I personally know of three people to whom this happened, one of whom is a Costa Rican.

For those who are visitors for the long-weekend or month-to-month visitors or for those who are not invested in Costa Rica, this would most likely never be relevant. But if you invest, it is very relevant and a distinct possibility that it could happen to you.

Ostensibly to legally protect himself, Brand sued the Costa Rican lawyers in the state of Florida. He alleged that he cannot mount a successful defense of the frivolous Costa Rican law suit in Costa Rica, because the legal procedures to file a “motion to dismiss, [or a] motion for summary judgment or a motion to strike a frivolous action” do not exist in Costa Rican law nor is there a legal mechanism to “respond to them.”

This is critical because you have NO recourse to protect yourself or your business from frivolous law suits; frivolous meaning having no sound basis in law or fact.

After the Costa Rican criminal courts division dismissed the criminal legal action against Brand, the Costa Rican lawyers whom Brand alleges were trying to defraud and extort money from him in the first place, filed a separate private criminal action against Brand. This is another vestige of the absurdities that is Costa Rican law and therefore ripe for abuse. It is the right of anyone to file a criminal case against another; the case does not have to be approved by a district attorney or a states attorney, or in the case of Costa Rican law, the Fiscal Publica. The case can be filed without the necessity of establishing a sound basis in law or fact.

By inference, Brand realized that the deck was stacked against him in Costa Rica. Although Costa Rica would undoubtedly be the court of competent jurisdiction, Brand chose to file the lawsuit in Florida.

In a sworn affidavit, a former co-conspirator in the attempt to defraud Brand wrote, "Until recently, I was a client of the defendant lawyers and law firms and was used by them as a means of creating undue and unjust pressure against the plaintiff [Brand], as stated in the complaint, so that the plaintiff [Brand] would pay us to go away.” [2]

The affiant continued, "I do not agree with the tactics taken by the defendants [Costa Rican lawyers] against the plaintiff [Brand] as these tactics are all rooted in fraud, bolstered by fictitious Costa Rican legal actions and deceit.”

The last phrase is what you really need to understand if you plan to invest in Costa Rica. Herein the legal system is described. It is fictitious (artificial, feigned, imaginary or false) and deceitful (fraudulent, double-dealing, underhandedly ingenious in order to defraud or to misrepresent and cheat by trick or device).

My intent here is simply to warn any Gringo that going to Costa Rica is one thing; but investing is another. Many others have written on various threads contained herein that if you go to Costa Rica, RENT, don’t buy: don’t buy a car, take the bus; don’t buy a house, rent a house/apartment; don’t get married, rent a wife.

• Any man can be forcefully removed from his own home if the woman with whom he is cohabitating doesn’t want him there. The removal is all based on her word and has nothing to do with legal procedures or basis of facts and evidence.

• Your freedom the leave the country can be restricted based on unsubstantiated court cases; cases that you may not even know about.

• Several female United States citizens have abducted their Ch*ldren from the U.S., in defiance of a court order in the United States and fled to Costa Rica where they have been harbored by the Costa Rican government and granted refugee status based on unsubstantiated, unproven and unsupported claims of “spousal abuse.” [3]

This is not intended for the occasional visitor. It is intended for the old fart who thinks he has found paradise and wants to settle down, take in a sweet young thing as either a real wife or a play wife and maybe have a Ch*ld or adopt her Ch*ldren.

This is intended for those who are contemplating investments, marriage, and other forms of venture in Costa Rica. Be aware that “all that [glitters] is not gold.”[4] And all that is Rica is not necessarily Rica.



NOTES:

[1] Frankl, Viktor Emil. (1947). Ein Psycholog Erlebt das Konzentrationslage. Vinnea: Jugend und Volk Wein.

[2] He is not an alleged co-conspirator because in his sworn affidavit he admits to his participation as a co-conspirator in the crime to commit fraud.

[3] Spousal abuse and violence against a spouse is clearly against the law and it should be. As a society we should not tolerate spousal abuse. Spouse is gender neutral. In Costa Rica, spousal abuse does not exist. In Costa Rica it is called violence against women and committing violence against women, which is a separate law from general what we would call in the United States assault and battery. The law also includes psychological abuse. The law applies only if the violator is a male administering violence and the violence is administered against a female who is a cohabitant with the male. Women by law cannot commit spousal abuse; only a male can commit spousal abuse. The abuse can include verbal and/or psychological abuse. The important thing to realize about these cases is that they are unsubstantiated claims made after the legal case was presented and in many cases adjudicated in the United States. If the spouse were to have claimed abuse at the time of litigation in the United States, the court, by statute, would have been required to investigate the allegations for authenticity. In sum, based on unsubstantiated claims a female citizen of the United States can flees the jurisdiction of the United States court and will be granted refugee status in Costa Rica based on her unsubstantiated and unproven claims. Read about a nightmare at http://www.dallasnews.com/news/communit ... a-1499.ece ALSO see AM Costa Rica and search for Chere Lyn Tomayko. There are more incidences, you just have to look.

[4] Shakespeare, William. (1596). The Merchant of Venice.

Thank you for your informative post. I am 59yrs. old, close to retirement, and would be a little hesitant of moving to CR. full time. I read the article and agree with many of your conclusions. Do you know how the U.S. lawyer finally got out of C.R.?

No.

A slight quibble... the court/legal system here doesn't only malfunction for gringos. We are at a disadvantage without doubt, but try being a poor Tico opposing one of the ruling class and see how far you get. Gringos have the advantage, usually, of being able to afford an attorney, and if lucky he gets one with 'clout' and connections. I know enough poor Ticos and Ticas to know the system doesn't work for them either. It works pretty well for the well-connected though. I believe the word is corruption.

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"The only normal people are those you don't know very well." Joe Ancis

I agree with you BILKO. When I wrote, “the chances of becoming a victim of the incredibly unfair, unjust and extremely partial legal system is very real” I should have added that it applies to the less powerful including campesinos and the more impoverished. Indeed the entire socio-economic-legal system is set up to keep the wealthy and powerful -- wealthy and powerful. If you don’t have a politically connected lawyer you are wasting your money on legal fees.