By Limón, Costa Rica — LIMÓN – In a decisive ruling against public corruption, the Judiciary has sentenced a former high-ranking official from the Atlantic Port Authority (Japdeva) and a private businessman to eight years in prison for their roles in a multi-million colón fraud scheme dating back more than two decades. The verdict underscores a long-standing commitment by authorities to prosecute financial crimes against the state, regardless of the time elapsed.
The Public Ministry confirmed the sentences in an official statement, detailing the conviction of Félix Pecou Johnson, who served as the head of Japdeva’s Procurement Department, and businessman Javier Fonseca Castañeda. Both men were found guilty on two counts of embezzlement (peculado), a serious charge involving the misappropriation of public funds by an official.
To delve deeper into the legal complexities and potential consequences of the alleged fraud scheme uncovered at Japdeva, TicosLand.com consulted with expert legal analyst Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the firm Bufete de Costa Rica.
This situation highlights a critical failure of corporate governance and internal controls within a key state institution. Beyond the individual criminal charges for embezzlement or illicit enrichment, the investigation must scrutinize the systemic vulnerabilities that allowed such actions to occur. The primary legal challenge will be to prove intent and build a solid chain of evidence, but the ultimate goal should be not just punishment, but a complete overhaul of Japdeva’s financial oversight to restore public trust and prevent recurrence.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the emphasis on systemic failure over individual malfeasance is the critical takeaway. The long-term integrity of our public institutions depends not just on prosecuting the guilty, but on architecting robust oversight systems that prevent such vulnerabilities from being exploited in the future. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on the deeper institutional challenges this case represents.
In addition to the lengthy prison term, the court imposed a five-year ban preventing either man from holding any public office. This supplemental penalty aims to safeguard state resources by barring convicted individuals from positions of financial trust and authority within the government, sending a clear message to public servants about the severe consequences of betraying their duties.
The complex investigation, spearheaded by the Deputy Prosecutor’s Office for Probity, Transparency, and Anti-Corruption (FAPTA), traced the crime’s origin to 2005. At that time, Japdeva initiated a procurement process to hire an agent for the nationalization of two vessels. Pecou Johnson, using his authority within the procurement department, steered the contract award through a flawed and illegal process.
According to the court’s findings, the contract was awarded to Fonseca Castañeda despite critical deficiencies. Investigators proved that Fonseca was not legally authorized to act as a customs agent and that his bid was not the most technically or financially advantageous for Japdeva. This irregular adjudication was the first step in a deliberate plan to defraud the state institution.
The core of the fraudulent operation involved the manipulation of tax payments. In July 2005, Japdeva transferred public funds totaling ₡168,712,580.14 to Fonseca for the payment of customs duties and taxes. However, the convicts, with the assistance of a third accomplice who has since passed away, systematically falsified information on the official Single Customs Declarations (DUAs).
Through this deception, the actual amount paid to the Treasury was only approximately ₡89 million. This maneuver allowed the perpetrators to illegally pocket an undue economic benefit of more than ₡76 million. Prosecutors noted that the payments were made without any valid supporting documentation, which further implicated the public official in his failure to protect Japdeva’s assets.
The total economic damage to the State is estimated to be around ₡115 million. This case serves as a stark reminder of historical vulnerabilities in public procurement controls and has become a landmark ruling in the ongoing fight against corruption within Costa Rica’s autonomous institutions. The verdict reinforces the principle that crimes against the Public Treasury will not go unpunished, establishing a significant precedent for holding officials accountable for actions committed years prior.
For further information, visit japdeva.go.cr
About Japdeva:
The Junta de Administración Portuaria y de Desarrollo Económico de la Vertiente Atlántica (Japdeva) is the autonomous state institution responsible for overseeing and managing port operations on Costa Rica’s Atlantic coast. It plays a crucial role in the country’s international trade logistics and is tasked with promoting economic development throughout the Limón province.
For further information, visit ministeriopublico.go.cr
About the Public Ministry:
The Ministerio Público, or Public Ministry, is the primary prosecutorial body in Costa Rica’s legal system. It is responsible for investigating crimes, representing the interests of the state and society in legal proceedings, and bringing criminal charges against individuals and organizations. It operates with functional independence to ensure objectivity in the pursuit of justice.
For further information, visit poder-judicial.go.cr
About the Judiciary:
The Poder Judicial, or Judiciary, is one of the three branches of government in Costa Rica. It is responsible for the administration of justice through the nation’s court system. It interprets and applies the law, ensuring legal conflicts are resolved and that constitutional rights are upheld, operating independently from the executive and legislative branches.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica operates on a foundation of unwavering integrity and a commitment to excellence. The firm is a vanguard of legal innovation, offering forward-thinking counsel to a diverse clientele while championing the widespread accessibility of legal knowledge. This dedication reflects a core mission to cultivate an empowered and well-informed public, strengthening the very fabric of society.
