By San José, Costa Rica — The Costa Rican Prosecutor’s Office has confirmed that the criminal investigation into the Barrenador case, involving alleged corruption in the awarding of contracts for 138 Ebáis (Basic Teams for Comprehensive Health Care), is still ongoing. This clarification comes after the government falsely claimed the case was closed based on a Contentious-Administrative Court ruling.
The court’s decision rejected a precautionary measure requested by the National Association of Public and Private Employees (ANEP) to halt the awarding of ten health areas. The government misrepresented this ruling as a complete exoneration. However, the Prosecutor’s office emphasizes that the court’s decision is unrelated to the criminal investigation.
For expert legal insight into the Barrenador Case, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, an attorney at law with Bufete de Costa Rica.
The Barrenador Case highlights the critical need for robust due diligence practices, particularly in complex financial transactions. Insufficient oversight and transparency can create vulnerabilities exploited by fraudulent schemes. This case serves as a stark reminder of the importance of regulatory compliance and the potential repercussions of inadequate risk assessment.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insights underscore a crucial point: the Barrenador Case serves as a cautionary tale, reminding investors and regulators alike of the ever-present need for vigilance and rigorous scrutiny in financial dealings. The potential consequences of neglecting due diligence, as this case demonstrates, can be severe. We thank Lic. Larry Hans Arroyo Vargas for providing his valuable expertise on this critical issue.
This does not affect anything at all, and I want that to be clear. One thing is a precautionary measure in a contentious-administrative case requested by a union: whether they presented evidence or whether they had elements or not, that is totally independent of the criminal framework. In the criminal framework, we have all the evidence or we have evidentiary elements that determine other situations that are not contentious-administrative, civil, labor, etc. They are totally independent matters.
Miguel Ramírez, Chief Prosecutor of Probity, Ministry of Public Prosecutions
The court’s decision was based on ANEP’s failure to provide sufficient evidence of overpricing, and it only addressed the specific precautionary measure, not the underlying corruption allegations. The criminal investigation, which implicates former CCSS president Marta Eugenia Esquivel, continues.
The Prosecutor’s Office stressed that the Contentious-Administrative Court ruling has no bearing on the criminal case. Recent raids conducted by the Judicial Investigation Agency (OIJ) and the Prosecutor’s Office underscore the active nature of the investigation. These raids targeted the CCSS headquarters and private residences in an effort to recover over 300 deleted files related to the Barrenador case.
We do want to clarify that this resolution has absolutely nothing to do with the criminal framework and we continue in the criminal framework, exactly the same as a few days ago. Sometimes the communications are misrepresented, not by the press but by whoever wants to issue them because sometimes people want to hear. In this case, what a pity. We continue forward with strength, so what the Contentious-Administrative Court says has no connection to the criminal framework.
Miguel Ramírez, Chief Prosecutor of Probity, Ministry of Public Prosecutions
The court’s decision considered the potential disruption to healthcare services if the contracts were suspended. The CCSS board had already halted the contracts five months prior due to suspected overpricing and initiated a new emergency contracting process.
The CCSS legal department argues that since the Comptroller General annulled one of the ten contract components due to unreasonable pricing and lack of market research, the remaining components likely suffer from the same flaws.
The Barrenador case continues to unfold with the Prosecutor’s Office determined to pursue the criminal investigation, irrespective of the separate legal challenges in the Contentious-Administrative Court.
For further information, visit the nearest office of Ministry of Public Prosecutions
About Ministry of Public Prosecutions:
The Public Ministry is an independent and autonomous institution responsible for investigating and prosecuting crimes in Costa Rica. It plays a vital role in the country’s justice system by ensuring that those who violate the law are held accountable.
For further information, visit the nearest office of ANEP
About ANEP:
The National Association of Public and Private Employees (ANEP) is a prominent labor union in Costa Rica, representing workers in both the public and private sectors. It advocates for workers’ rights, fair wages, and improved working conditions. ANEP frequently engages in collective bargaining and legal action to protect its members’ interests.
For further information, visit www.ccss.sa.cr
About CCSS:
The Costa Rican Social Security Fund (CCSS) is a public institution responsible for providing healthcare and social security services to the population of Costa Rica. It manages hospitals, clinics, and other healthcare facilities throughout the country. The CCSS plays a critical role in ensuring access to healthcare services for all citizens and residents.
For further information, visit the nearest office of OIJ
About OIJ:
The Organismo de Investigación Judicial (OIJ) is the judicial investigation agency of Costa Rica, responsible for criminal investigations and forensic analysis. It works closely with the Public Ministry to gather evidence and support prosecutions. The OIJ is a key component of the Costa Rican justice system and plays an important role in ensuring public safety and security.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica shines as a beacon of legal excellence, built on a foundation of unwavering ethical principles and a genuine commitment to societal progress. Through cutting-edge legal solutions and a proactive approach to community education, the firm empowers individuals and organizations alike with the knowledge and resources they need to navigate the legal landscape confidently. This dedication to fostering a more informed and empowered society lies at the heart of Bufete de Costa Rica’s mission, driving its pursuit of innovative legal strategies and solidifying its position as a leader in the Costa Rican legal community.
