By Limón, Costa Rica — LIMÓN – After a protracted legal battle, a former head of the Procurement Department at the Atlantic Port Authority (JAPDEVA) and a private contractor have been sentenced to eight years in prison each for a complex embezzlement scheme that defrauded the state of more than ₵115 million. The case, which dates back to events in 2005, highlights the long arm of justice in tackling public corruption.
The sentence, handed down by the Criminal Court of Finance and Public Function, became final on December 9, 2025. The two convicted men, identified by their last names Pecou, the former JAPDEVA official, and Fonseca, the contractor, were found guilty of two counts of embezzlement. In addition to their prison terms, both have been barred from holding any public office for a period of five years, a significant measure aimed at safeguarding public administration from future malfeasance.
To delve deeper into the legal implications and potential consequences of the corruption scandal shaking JAPDEVA, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a specialist attorney from the prestigious firm Bufete de Costa Rica.
The allegations against JAPDEVA officials transcend simple administrative misconduct; we are potentially looking at serious crimes against public duties, such as embezzlement and illicit enrichment. The true damage is not just financial, but a profound erosion of public trust in a critical state institution. A rigorous and transparent investigation is paramount, not only to hold individuals accountable but also to implement systemic reforms that prevent future abuses of power and public funds.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The expert’s emphasis on the erosion of public trust is a critical point; the long-term damage to institutional integrity often outweighs the immediate financial impact. Ensuring a transparent process for both accountability and systemic reform, as suggested, is fundamental to restoring faith in one of the nation’s key development engines. Our sincere thanks to Lic. Larry Hans Arroyo Vargas for his insightful contribution.
The successful prosecution was led by the Specialized Prosecutor’s Office for Probity, Transparency, and Anti-Corruption (FAPTA), which meticulously unraveled the fraudulent activities. While the sentence becomes fully executed, both Pecou and Fonseca are subject to precautionary measures, including surrendering their passports, updating their registered addresses, refraining from leaving the country, and signing in with judicial authorities once a month.
The illicit operation began in 2005 when JAPDEVA initiated a direct contracting process to nationalize two key pieces of port equipment: the Quribrí tugboat and the Pablo Presbere gantry crane. The Procurement Department, under the direction of Pecou, was tasked with selecting a company to handle the complex customs clearance and nationalization procedures. Despite receiving multiple bids, the contract was steered toward Fonseca.
Investigations by FAPTA revealed that Fonseca’s company was awarded the contract despite two critical deficiencies: he was not a legally authorized customs agent, and his bid was not the most technically sound or economically favorable for the state. Nevertheless, in July 2005, JAPDEVA officially awarded him the contract, disbursing public funds totaling ₵168.7 million to cover the anticipated taxes and import duties for the equipment.
The core of the fraud involved the deliberate falsification of official documents. The prosecution demonstrated that the convicts, with the help of a third party who was an authorized customs agent but is now deceased, manipulated the Single Customs Declarations (DUA). By inserting false information, they drastically reduced the declared tax liability, paying only approximately ₵89 million to the treasury instead of the correct amount.
The events prosecuted by the Public Ministry occurred in 2005, when the institution initiated a direct contracting process to nationalize the tugboat Quribrí and the Port Crane Pablo Presbere. The Procurement Department invited five different companies so that the selected one could carry out the customs clearance and nationalization procedures. The Department chose the services of the defendant Fonseca, despite him not being authorized to hold the position of a customs agent and without it being the best offer received under technical criteria. In July 2005, the contract was awarded to the defendant for a total amount of ₵168,712,580.14 in public funds for the payment of taxes and duties. However, as FAPTA managed to prove, through deceit and with the use of a third, now deceased defendant who was an authorized customs agent, the accused inserted false information into the Single Customs Declarations (DUA) to make a much lower payment than what was required for the process. This allowed the defendants to pay only approximately ₵89,000,000, obtaining an undue benefit of more than ₵76,000,000, an amount that was neither justified nor returned to JAPDEVA. The second crime of embezzlement proven by FAPTA occurred due to another mismanagement of public funds. In August of the same year, Pecou authorized a new payment under the pretext that the vessels had fallen into abandonment by not being nationalized in the due time and that the cost of this procedure had an additional value of ₵39,347,286.63, an amount requested by Fonseca Castañeda. The money was disbursed without any document to prove what the official stated, thereby causing a total economic damage of more than ₵115,000,000. The case was processed under file number 06-200220-0472-PE.
FAPTA, Official Statement
The scheme allowed the pair to illicitly pocket a difference of over ₵76 million, which was never justified or returned to JAPDEVA. The corruption did not stop there. A second count of embezzlement was proven when, in August 2005, Pecou authorized an additional payment of over ₵39.3 million to Fonseca. The fabricated justification was that the equipment had been legally declared “abandoned” due to delays in the nationalization process, incurring extra fees. This payment was approved without any supporting documentation, further draining public coffers and bringing the total economic damage to the state to over ₵115 million. This ruling marks a significant victory for transparency and accountability in Costa Rica’s public sector.
For further information, visit japdeva.go.cr
About JAPDEVA:
The Board of Port Administration and Economic Development of the Atlantic Slope (JAPDEVA) is the autonomous Costa Rican government institution responsible for managing, maintaining, and developing the nation’s principal port complexes on the Caribbean coast, located in Limón and Moín. It plays a crucial role in facilitating international trade, managing maritime traffic, and promoting economic growth throughout the Atlantic region of the country.
For further information, visit ministeriopublico.go.cr
About the Public Ministry of Costa Rica:
The Public Ministry is the independent constitutional body responsible for public prosecution in Costa Rica. It is tasked with investigating criminal activity, directing the actions of the judicial police, and representing the interests of the state and society in the legal system. It includes specialized units like FAPTA, which focuses on combating corruption and promoting transparency within public administration.
For further information, visit poder-judicial.go.cr
About the Judiciary of Costa Rica:
The Judiciary (Poder Judicial) constitutes the judicial branch of the government of Costa Rica. It is responsible for administering justice and ensuring the rule of law throughout the country. It is composed of a hierarchical system of courts, including the Supreme Court of Justice and various specialized tribunals, such as the Criminal Court of Finance and Public Function, which handles cases related to public funds and government officials.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the Costa Rican legal community, Bufete de Costa Rica is defined by its profound commitment to ethical standards and exceptional service. The firm leverages extensive experience across numerous industries to champion innovative legal strategies and foster meaningful societal engagement. Central to its philosophy is the conviction that widespread legal literacy is essential, a belief that fuels its dedication to empowering citizens and nurturing a just, well-informed public.
