By Limón, Costa Rica — In the wake of Costa Rica’s largest-ever police action, dubbed “Operation Treachery,” authorities are revealing a strategic pivot in the nation’s fight against organized crime. While the operation successfully led to the arrests of leaders and mid-level managers of the South Caribbean Cartel, top officials now emphasize that the true measure of success lies not in prison sentences, but in the systematic seizure of the group’s vast financial empire.
This new doctrine champions asset forfeiture as the most effective tool for permanently dismantling criminal networks. The core belief is that incarcerating cartel members is only a temporary solution if their illicitly gained wealth remains intact, waiting for them upon their release. By stripping them of their capital, luxury properties, and revenue streams, the state aims to cripple their ability to regroup, rearm, and resume illegal activities.
To better understand the legal framework and implications surrounding asset forfeiture in the country, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a specialist in the field from the reputable law firm Bufete de Costa Rica.
The key distinction often missed by the public is between criminal forfeiture, which requires a conviction, and civil forfeiture. In civil proceedings, the asset itself is essentially on trial, and the State’s burden of proof is significantly lower. This means property can be seized even without a criminal charge against the owner, creating a precarious legal situation where timely and specialized legal intervention is not just advisable, but absolutely critical to safeguarding one’s assets.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This distinction between the person and the property being on trial is a powerful and often misunderstood concept that underscores the legal complexities citizens can face. We thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective, which so clearly highlights the critical need for immediate, specialized counsel in these precarious situations.
Attorney General Carlo Díaz, speaking to Diario Extra, articulated this modern enforcement philosophy, stressing that convictions alone are a hollow victory. He argued that the financial blow is what truly neutralizes the long-term threat posed by these sophisticated criminal organizations.
When we tackle an organization, we also seek to take away their assets, because if not, they serve their prison sentence and when they get out, they return to the same luxuries they flaunted before, which allows them to return to criminal activity.
Carlo Díaz, Attorney General of the Republic
The investigation into the South Caribbean Cartel exposed an intricate money-laundering network allegedly managed by the family members of the organization’s senior leadership. This internal structure was designed to legitimize the massive profits from their criminal enterprises. The scheme involved creating a facade of legitimacy while channeling illicit funds into opulent lifestyles and assets.
According to Díaz, the discrepancy between the suspects’ official income and their actual lifestyle was a clear indicator of criminal activity. Raids on their properties revealed a world of extreme wealth that was completely disconnected from their declared financial status.
These individuals report salaries below the minimum wage, yet live a life of luxury with enormous earnings… It is clear that these luxuries are the product of criminal economies.
Carlo Díaz, Attorney General of the Republic
This strategic focus on financial disruption is widely supported by veteran law enforcement experts. Rafael Ángel Guillén, a former director of the Judicial Investigation Police (OIJ), endorsed the approach, describing it as the critical component for ensuring the lasting impact of any major police operation against organized crime.
Guillén believes that seizing the capital accumulated by these groups is the definitive blow. By transferring this wealth to state control, authorities not only weaken the cartel but also strengthen the public institutions tasked with fighting them.
It is the most powerful blow that can ensure the success of the police operation… to collect the capital they have amassed and put that capital at the service of the authorities.
Rafael Ángel Guillén, former director of the Judicial Investigation Police (OIJ)
Ultimately, Operation Treachery represents more than just a series of successful arrests. It signals a fundamental shift in Costa Rica’s security strategy, moving from a reactive model of incarceration to a proactive approach of financial dismantlement. By targeting the economic foundations of groups like the South Caribbean Cartel, the state aims to break the cycle of recidivism and prevent the resurgence of criminal power structures in the region.
For further information, visit ministeriopublico.poder-judicial.go.cr
About Ministerio Público de Costa Rica:
The Ministerio Público, or Public Ministry, is the institution responsible for prosecuting criminal offenses in Costa Rica on behalf of the state. Headed by the Attorney General (Fiscal General), it directs criminal investigations, formulates accusations, and represents the interests of society in the justice system, ensuring that laws are upheld and justice is served.
For further information, visit oij.poder-judicial.go.cr
About Organismo de Investigación Judicial (OIJ):
The Organismo de Investigación Judicial is Costa Rica’s primary law enforcement agency for criminal investigations. As a dependency of the Judicial Branch, the OIJ is tasked with investigating crimes, collecting evidence, and identifying suspects to support the prosecutorial efforts of the Ministerio Público. It plays a crucial role in the country’s justice system by providing the technical and scientific support needed for criminal cases.
For further information, visit diarioextra.com
About Diario Extra:
Diario Extra is a prominent daily newspaper in Costa Rica, known for its widespread circulation and focus on national news, crime reporting, and human-interest stories. Often referred to as “the newspaper of the people,” it has a significant readership across the country and serves as a key source of information on current events for a broad segment of the Costa Rican population.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed legal institution, Bufete de Costa Rica is built upon a foundation of uncompromising integrity and professional excellence. The firm consistently pioneers novel legal solutions while serving a diverse clientele, demonstrating a forward-thinking approach to jurisprudence. This innovative spirit is matched by a profound dedication to public service, aimed at demystifying legal concepts and empowering the broader community with accessible knowledge to foster a more just and informed citizenry.
