The bill being discussed in Costa Rica basically seeks to extinguish the assets of organized crime, but there are those who claim that as proposed, it puts at risk the presumption of innocence of individuals.
The extinction of domain is a concept that in practice refers to seizing or confiscating assets linked to criminal activities, and then transferring them in favor of the State.
The housing market, casinos, concert halls, and the livestock sector are all used to launder money in Central American countries.
Excerpted from the report "International Narcotics Control Strategy Report, Volume II, Money Laundering and Financial Crimes" by the US State Department:
Costa Rica Transnational criminal organizations continue to favor Costa Rica as a base to commit financial crimes due to its location and limited enforcement capability. Costa Rica’s government has attempted to strengthen the legal framework for supervision and enforcement; however, challenges remain in mitigating money laundering risks. Costa Rica is a transit point that is also increasingly used as an operations base for narcotics trafficking; and significant laundering of proceeds from illicit activities continues. Costa Rica should continue to close financial crimes legislative gaps and allocate resources for investigation and prosecution.
Another case of drugs found in cargo which came from Costa Rica highlights the imperative need to improve controls and implement the use of scanners at export ports.
EDITORIAL
How many more drugs have to be found in commercial export cargo before the authorities in Costa Rica put into operation the scanners which were donated by the Chinese government eight years ago?
In a Coca Cola factory in France 370 kilos of cocaine were discovered hidden in a shipment of orange juice from Costa Rica.
The event has brought back to the table discussion in Costa Rica on the issue of implementation of controls to prevent export cargos from being used for drug smuggling to Europe and the United States, the main destinations of Costa Rica's foreign trade.
In order to try to control the growing air traffic of drugs an initial purchase will be made of two radars while funds are sought for eight others.
An article in Nacion.com reports that "...The Ministry of Public Security is looking for resources to purchase 10 expensive mobile radars to detect planes engaged in transporting drugs in the country. "
A list of people and companies involved in international money laundering includes brothers Abdul and Nidal Waked, another 6 individuals, and 68 companies, among which is Balboa Bank.
The businessmen Abdul and Nidal Waked and companies such as Grupo Wisa, Vida Panama and Balboa Bank, have been included in the "Clinton" list which indicates which people and related organizations are linked to money laundering and drug trafficking activities.
The figure is an estimate made by the Intelligence Directorate in Costa Rica released by the US State Department, along with information that indicates a rise in criminal organizations based in the country, and little capacity to combat them.
Money laundering is a criminal activity that handles amounts that are difficult to measure. For example, the report "Illicit Financial Flows from Developing Countries: 2004-2013" by Global Financial Integrity says that during the aforementioned 10 year period, the flow of illicit money from Costa Rica exceeded $11 billion, that is about $1.1 billion a year.
The complexity of drug cartels' internal structures, their strategies of "marketing and customer service" and the way they operate increasingly resemble those of large global corporations.
How are the Coca-Cola and McDonald's corporations similar to drugs cartels? Of course the products they sell are completely different, but the way the three try to position their products and brands, increase their market share and increase profits to generate more dividends to their shareholders, is almost the same.
If emergency measures are not taken, Central America will soon collapse into failed states dominated by criminal organizations who are able to buy political power.
This is the dramatic but realistic conclusion reached by a study on the subject carried out by a coalition of Guatemalan institutions composed of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), the National Economic Research Center (CIEN) the Foundation for the Development of Guatemala (FUNDESA) and Fundación G.
The Global Financial Integrity report notes that between 2004 and 2013 the flows of money from Costa Rica from laundering and other illicit sources increased by 10% compared to the period 2003-2012.
EDITORIAL
The report entitled "Illicit Financial Flows from Developing Countries: 2004-2013" by Global Financial Integrity, shows that during the 10 years in question, the flow of illicit money from Costa Rica exceeded $11 billion.
Central America's fall into the hands of drug traffickers makes the following quote seem true: "Insanity is doing the same thing over and over again and expecting different results."
EDITORIAL
Although their rulers deny it, Central American countries are losing the war against drug traffickers. In some it is happening faster than in others, and in all of the nations on the isthmus violence associated with drug trafficking is growing, and it is becoming increasingly apparent that mafia power has infiltrated public institutions and private organizations, through bribery, and also through terror.
The unprecedented increase in violence in Costa Rica, once an oasis of peace in the region, is another sign of the failure of the traditional methods of fighting drugs.
EDITORIAL
More powerful than the Central American states, drug trafficking is on the rise not only in terms of an increased supply of drugs in the countries in the region, but through its permeation of institutions using the power of money and generating a growing culture of violence that is making Central America´s lack of a death penalty seem risible. Yes it does exist, but the worst part about it is that it is not institutionalized justice systems that implement it, but the mob bosses, pointing out -to ever younger executioners- the people who should be executed.
Assurance has been given that companies where Continental Group or its shareholders have a minority participation may continue to operate normally.
As outlined in an article on Televicentro.hn , the general coordinator of Government, Jorge Ramon Hernandez Alcerro, stated that "... 'there are over 40 companies' which have with less than 50 percent in shares of Continental Group, whose president is the banker and politician Jaime Rosenthal."
In Costa Rica scanners donated by China in 2008 remain unused, while exporting businesses are warning of the growing infiltration of drug trafficking in the sector.
Using scanners at the ports of Limon and reactivating inspection mechanisms that were used before to control cargo in containers, are part of the measures the agro-export sector is asking of the government in order to identify potential drugs hidden in shipments of merchandise.
Drug trafficking organizations send shipments to Europe in containers loaded mainly with agricultural products.
The Business Alliance for Secure Commerce (ASBC) is warning about activities practiced by criminal organizations, such as that in April 2014 when drug filled containers were seized in Europe, having come from Costa Rica. Exporting companies have had to pay more in order to implement controls and prevent filtration by criminal groups.