Thursday 4 March 2021

Was Aldesa A Total Con?

Rico’s TICO BULL (OPINION) The headline this Tuesday morning by the Diario Extra, the self-declared most read newspaper in the country, reads: “Javier Chaves habría ideado plan para estafar a inversionistas” – Javier Chaves had devised a plan to defraud investors.

Javier Chaves, president of Aldesa, was being taken to the Courts of San José where he spent the night Monday and released on his own recognizance Tuesday afternoon.

The article written by María Siu Lanzas says that “Javier Chaves” used the reputation of Aldesa as founder and manager of the Bolsa Nacional de Valores (National Securities Exchange), as well as one of the companies that contributed to the development of the Mercado de Valores de Costa Rica (Costa Rican Stock Market).

- Advertisement -

Lanzas writes, “He achieved through the existing functional link with the companies that are part of the Grupo Financiero Bursátil Aldesa (Financial Group Aldesa), an entity regulated by the Sugeval, to mislead investors.

“He used the same website, the same brands, the same emails and the same phone numbers. It was the perfect plan for investors to make their assets available to the Aldesa Group.

For these alleged actions the Ministerio Publico (Public Prosecutor) and a couple of the investors I spoke to since Monday, considers that there is a high probability that Chaves had committed (allegedly) fraud, that led to search and seizure action by authorities carried out Monday.

Chaves, who is the husband of the still minister and coordinator of the government’s Economic Sector, Edna Camacho, who on July 1 will step down to represent Costa Rica before the Inter-American Development Bank (IDB), was arrested Monday night and after spending the night in the Goicoechea (San Jose) court jail was freed on self-recognizance on Tuesday, with the condition of that he cannot leave the country.

- Advertisement -

Chaves was taken from his home in Escazu Monday morning, one of 12 locations raided by the OIJ, and was kept under guard by judicial investigators while his office was being searched.

Ties to Chaves

What we learned since is that Aldesa board of directors, each of whose home was also raided on Monday, but none were charged, did nothing.

The Prosecutor’s Office intends to determine the inaction by the Board of Directors of Grupo Bursátil Aldesa, composed of Eduardo Ulibarri Bilbao, Óscar Chaves Bolaños, Diego Artiñano (director), Mario Montealegre, Carlos Oreamuno, Luis Mesalles, Lanzo Luconi and Priscila Pacheco, pointing them out as those who would have “consenting” this situation in relation to the stock exchange position.

The following chart indicates the relationship of the directors and managers of the Aldesa company to Chaves and the relationship to Aldesa of Chaves’ wife, Edna Camacho, as mentioned before the current Minister of the Economy; Rocio Aguilar, the current Minister of Finance and former director of Aldesa; Luis Carlos Delgado, current president of the Conassif, the National Council of Supervision of the Financial System and who is related to Chaves; and Francisco Campos, who is Chaves’ lawyer and who just happens to be the husband of Emilia Navas, the current Fiscal General (Attorney General).

The Sugeval

One of the locations raided on Monday was the Sugeval, the General Superintendency of Securities. But why? This is the entity in charge of overseeing the stock market and the agents involved, including the Aldesa Puesto de Bolsa.

- Advertisement -

The Prosecutor’s Office is trying to determine is there was a breach of duties, fueled by reports that there was an alarming backwardness in the obligations in terms of the actions being carried out by the Aldesa Financial Group.

There are questions as to when and to what extent did the regulator know of Aldesa’s financial problems and was there any “fraudulent or culpable” action. Investigators also want to know what were the measures carried out by the Sugeval to mitigate the risk of confusion to investors? Did Sugeval exercise its true role?

False reporting

Another aspect of the investigation of the Prosecutor’s Office is the fact that Lucía Fernández, general superintendent of Securities, reported irregularities detected in Aldesa Puesto de Bolsa, but unfortunately not until the end of 2018 when the case began to be reported by the media.

Investigators are delving into reports that Chaves was aware of the insufficient funds in the accounts of the Sociedad Aldesa Puesto de Bolsa, where at the end of each month, falsely reported to the Sugeval, that the balances in accounts receivable had decreased considerably at the end of the month, balances that the first two days of the following month increased again.

This was all contained in the document justifying the search and seizure action by the Fiscalia.

Up to 30 years in prison

Chaves is accused of having commited six crimes, two major that carries a huge fine and up to 30 years in prison – major fraud and Fraudulent administration and four minor, issuing NSF “not sufficient funds” checks, authorization of improper acts, authorization and publication of false balances and breach of duties.

Major fraud (Estafa mayor): It is classified in the Criminal Code and involves a maximum of up to 30 years in prison is the amount of fraud exceeds 10 times the “salario base” (base salary). The current base salary is ¢446.200 colones.

Fraudulent administration (Administración fraudulenta): The penalty is up to 30 years in prison and occurs when contracts are altered to the detriment of the person to whom they delivered to.

The case file number is 9-157-1220-PE.

“Everyone will get paid”

Francisco Campos, Chaves’ lawyer, on Tuesday, said the raid and charges were predictable, given the pressure on social networks and media and assured that his client maintains he will not leave the country and will not avoid justice.

The lawyer insists that, as his client has repeatedly said, “the liquidity problem is temporary because there are assets and that there is enough for everyone to get paid.”

“Everyone” is the some 500 plus investors who entrusted to Chaves nearly US$200 million dollars in return for earnings of interest of 10% annually.

Closing argument

Was Aldesa a total con? Will the investors get paid? From the looks of it yes and no. But time will tell. A few months back Chaves presented to the courts a 3-year plan to liquidate the company’s real estate holdings and pay back his investors, meanwhile keeping the wolves at bay.

The San Jose bankruptcy court rejected the plan, leaving investors in limbo, some deciding to file a denuncia, while others waiting, hoping, staying positive, in the continued belief that Chaves will make good.

Of the two investors I spoke to on Tuesday, one, a long time investor (more than 10 years), with more than US$300,000 at stake is keeping alive the hope of getting his capital back and maybe even the interest.

The other, with a similar investment, made only months before the Aldesa problems became public was one of the first to file a formal complaint. Although there is a glimpse of some hope of getting his money back, the hope is not in Chaves, but, rather, in the judicial system.



- Advertisement -

We strive for accuracy in its reports. But if you see something that doesn’t look right, send us an email. The Q reviews and updates its content regularly to ensure it’s accuracy.

"Rico" is the crazy mind behind the Q media websites, a series of online magazines where everything is Q! In these times of new normal, stay at home. Stay safe. Stay healthy.

Related Articles

If you get called to tell you that your vaccine is ready, be careful! It may be a scam

QCOSTARICA - Posing as bank employees, announcing that you have won...

Legislators open the way for venture capital investors to arrive in Costa Rica

QCOSTARICA - Legislators adjusted the bill that aims to encourage the...


ESPH charges the family for electricity for January and February even though fire destroyed their home in December

QCOSTARICA - Despite losing their home entirely in December, a Heredia received electricity bills from the Heredia Public Service Company (ESPH) for January and...

The Quijongo!

QCOSTARICA - The quijongo is now in very good health thanks to the care of the people of Guanacaste, who are dedicated to protecting...

5 cantons register less than 10 active cases of covid-19

QCOSTARICA - Five of the 82 cantons of Costa Rica register fewer than 10 active cases of covid-19 to this date, according to the...

Costa Rica expects to receive $2.5B in international loans

QCOSTARICA - Borrowing its way out of the current financial crisis seems to be objective for the Carlos Alvarado government. Obtaining about US$2.5 billion this...

Ivonne Cerdas to represent Costa Rica at Miss Universe 2020

Q MAGAZINE - Miss Costa Rica 2020, Ivonne Cerdas, will soon be traveling to Florida to represent the country in the Miss Universe pageant. After...

Torre del Bicentenario: An envisioned project to commemorate Costa Rica’s 200th

QCOSTARICA - To commemorate the Bicentennial of Costa Rica that occurs in 2021, Inverse Project has designed the Torre del Bicentenario for this important...

Former Soviet leader Mikhail Gorbachev celebrates his 90th birthday

Q REPORTS - The former leader of the Soviet Union and 1990 Nobel Peace Prize winner, Mikhail Gorbachev, who has been self-isolating to protect...

In a week, Costa Rica off and on the list of risk countries in Spain for covid-19

QCOSTARICA - Spain had excluded Costa Rica from the list of risk countries to enter by air for presenting a negative covid-19 test (RT-PCR,...

Costa Rica Celebrates 200th This Year

QCOSTARICA - This year Costa Rica celebrates 200 years of independent life. And the road to commemorate the 200th has begun with the launch...


Get our daily newsletter with the latest posts directly in your mailbox. Click on the subscribe and fill out the form. It's that simple!

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.