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.
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.
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.
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."
Diagram showing the people and companies identified by actions related to money laundering, according to the U.S. Department of the Treasury´s Office of Foreign Assets Control.
The US Treasury Department has advised that it will not sanction individuals or institutions participating in the liquidation provided that those transactions do not benefit any individual or entity other than those previously identified by the OFAC.
The Office of Foreign Assets Control (OFAC) of the Treasury Department of the United States has issued a statement regarding the decision of the Honduran authorities to liquidate Continental Bank, after identifying the institution and several of its executives as being involved in drug money laundering:
Money laundering has positive economic effect on economies, but also impoverishes the quality of institutions leading to dramatic effects on quality of life in society.
The excellent analysis by Norma Lezcano in his article on Estrategiaynegocios.net, on the US Treasury Department´s inclusion of members of the powerful Rosenthal family in the list of the Office of Foreign Assets Control (OFAC) can be extrapolated to all Central American countries, and is a warning to the governments of the region, where drug trafficking has ingratiated itself and is creeping through state institutions, weakening them by making them serve criminal aims, and preventing them from carrying out their duties properly.
It has been announced that deposits up to $9,200 (L200,000) per person will be returned, and then payments to employees, depositors and others, noting that "... there are sufficient resources to address them all."
The cause is the inclusion of the institution in the list of the U.S Office of Foreign Assets Control, and the freezing of its assets abroad.
Drug trafficking and gangs are the main factors responsible for intentional murders in the most violent countries in the world: Honduras, Belize, El Salvador and Guatemala.
According to a report by the United Nations Office on Drugs and Crime at the United Nations (UNODC), in 2012 Honduras recorded 90.4 killings per 100,000 inhabitants.
In Belize, the homicide rate is 44.7 per 100 thousand inhabitants, in El Salvador it is 41.2, and in Guatemala is 39.9.
The state prosecutor has signalled the penetration of drug trafficking organizations in the Panamanian economy and in political institutions.
According to the prosecutor, Ana Belfon, during her first year of work she has perceived an increased penetration of organized crime into the economy and institutions of the Panamanian government.
"No wonder drug traffickers can penetrate institutions, since they have practically created a parallel economy," Belfon said.
A draft bill proposes that the state seize goods from money laundering and other illicit activities.
"The suggestion has been raised to create a law that relates to forfeitures, because there is so much income and assets being generated, but we do not know what to do with those assets" said Ana Belfon, from the Attorney General's Office.
"Between April 2012 and June 2013 alone, the Statistics Center of Public Prosecutions recorded $1.3 million apprehended by the prosecutor specializing in organized crime," noted an article in Capital.com.pa.
The standard allows the state to seize assets related to illicit operations based on tax fraud, money laundering, drug trafficking or organized crime.
Salvadoran Congress also agreed to add the crimes of fraud along with those of public finances and corruption to the Special Law on Forfeiture and Management of Property of Illicit Origin or Destination.
An ECLAC study has revealed that companies in Guatemala and El Salvador pay the highest costs because of organized crime in Latin America.
According to data from the Global Competitiveness Index 2012-13, analyzed by the Economic Commission for Latin America and the Caribbean (ECLAC), in its report on safety in the logistics sector in the region, Guatemala has a score of 1.86, on a scale of 1 to 7, regarding the influence of crime and violence in operating costs of enterprises, where 1 is "very much" and 7 means "nothing".
In only one year, seizures of cocaine have doubled, totaling over 15 tons with a U.S. market value of $2 billion.
Costa Rica, the Central American country noted for its economic development, its institutions, and social peace, is part of the land corridor where there is an increase in the operations of Mexican and Colombian cartels to transport drugs to the United States, the largest consumer of drugs in the world.