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| San José, Costa Rica, Tuesday, March 26, 2013, Vol. 13, No. 60 | |||||||||
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 Ministerio de Gobernación,
Policía
Shampoo bottles with coke are
weighed.y Segruidad Pública photo Anti-drug agents
at airport
find coke in shampoo bottles By
the A.M. Costa Rica staff
Drug control agents from the security ministry detained a man this weekend who was suspected of transporting 1417 grams of liquid cocaine hydrochloride in his suitcase through Juan Santamaría airport. The man was identified by the ministry as a 45-year-old American with the last name Kiathlee. According to the ministry, Kiathlee's final destination was Zurich, Switzerland, with a layover in Madrid, Spain. The drugs were hidden in several shampoo bottles in his bag. Police conducted a field test to confirm the narcotic. The investigation was prompted when the man began acting suspiciously in the airport, anti-drug agents said. In the inspection room, he began sweating, said reports. Along with the cocaine, agents also seized $340. Kiathlee was referred to the prosecutors of Alajuela. If convicted of the crime, he could receive a maximum of 20 years in prison. Arguing over warming treads on religious beliefs Dear A.M. Costa Rica: Conservative Christians will never believe that humans contribute to global warming, and it is useless to try and convince them. They believe that humans are above all other species, that God’s will has been predetermined, that the answer to everything has already been revealed, and that selected science (because it challenges some of their core beliefs with facts while not accepting the existence of God because of the lack of “facts”) is the work of the Devil. Science is not anti-religion, it merely awaits proof according to its own set of rules and laws. Both are powerful, both are meaningful, and, in my opinion, both are important. One explains what we can, one explains what we can’t. One is faith-based, the other is proof-based, and the two cannot dialogue in a meaningful way because of that. This is neither good nor bad…. It just is. Other species adapt to their environment to survive, man adapts the environment to them. Other species use what is available to live. Man creates new materials to meet “needs” previously unimaginable. If there is a species responsible for taking the Earth from its natural order, it can only be one. That is neither science nor faith, just my conclusion. Max
Jackson
Venice, Florida, Tres Rios de Coronado, Osa Super gasoline can help motorists pass emissions test Dear A.M. Costa Rica: I took my Isuzu Trooper into RTV and failed the emissions test. I took my car to the garage, and they wanted to charge me thousands of colons to diagnose and fix the problem. Then I remembered reading about how the regular gas refined at RECOPE was determined to be of very low quality. My car also had a tendency to stall sometimes when in idle. I talked to an American friend who was a mechanic and he told me to tank up with super. I did, and my car was running great after that, no more stalls and much, much better gas mileage. When you consider the much better mileage, I think super ends up being cheaper than regular here in Costa Rica. This got me to thinking, why not just bring it in again to RTV after a few tanks of super. It worked, passed with no problem. My advice before going to RTV 1. Let your tank go to near empty and fill up with super. Run through two or more tanks of super before going into RTV. 2. Check all of your auto lights before going into RTV. Especially your license plate light. One year I failed the test because that bulb burned out. Hope this helps your readers avoid the problems I had. Edward
Bridges
Desamparados for 20 years
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| San José, Costa Rica, Tuesday, March 26, 2013, Vol. 13, No. 60 | |
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| An
A.M. Costa Rica guest essay A do-it-yourself guide for prosecuting economic crimes |
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By
Mario Valverde Brenes*
Special to A.M. Costa Rica I have heard some entrepreneurs in Costa Rica complaining about the long time it takes to make it to a public trial when they or their companies find themselves victim of fraud, embezzlement or any other type of financial scam. You’d normally hire a penal lawyer to present the complaint on your behalf, or you could even present yourself at the Judicial Investigating Organization and make the complaint orally with as many details as you may recall at the moment. This is just the notitia criminis that would get the system started to investigate your case and that would eventually end up in a formal accusation request from the fiscal in charge… five or six years later. As opposed to common crime, financial crime is a very specialized matter, and it requires the intervention of the equally specialized economic crime section of the judicial police. This is a department composed mainly of financial experts, CPA’s and accountants who have the responsibility to make a detailed audit-like investigation in order to render an expert opinion on the how, who, when and what of the crime, which will in turn be used by the prosecuting fiscal to decide whether to accuse or to dismiss the case. It is at this stage where most of the investigation time is consumed, as this is a very busy section with hundreds of investigations going on simultaneously with the aggravation that more often than not the insufficient human resources of the economics unit are kept on the high profile cases. The average time for the completion of this financial investigation is about 18 months, if the case is not too complicated. By then two years have probably already gone by since you went to place your complaint. Next, the fiscal has to find time to sit with the report, finish interviewing the remaining witnesses who have to be duly subpoenaed and finally, some six months later at best, present a formal accusation before a judge. The next step will be the preliminary hearing where a judge will decide the merit of the accusation and listen to both parties, rule on the objections, and, if no conciliation is reached, appoint a date and time for the public trial, which will depend on the agenda of the particular court where it will be held. Nowadays public trials are being set for no less than two years after the preliminary hearing. Common crime trials tend to be held sooner due to its own non-specialized nature. |
However, there is a faster alternate
way provided by the law itself. Article 20 of the Penal Procedures Code
states that when dealing with patrimonial content crime where no
violence against persons have been exerted, there is no public interest
gravely compromised and with the approval of the Ministerio
Público, the public action can be converted into private action.
That is, you, the victim, can ask to be allowed to act as prosecutor. You will need to hire a forensic accounting expert to put together the investigation that will serve as the technical proof in court (the job that the judicial police would otherwise do) and, once this is done, you just file your querella privada or private accusation directly to the criminal tribunal, which will, in turn, serve it to the defendants and grant them five days (yes, just five) to reply and offer any counter proof for the public trial which date will be immediately set. By this process you skip the fiscal’s investigation stage and, most important of all, the preliminary hearing and go directly to public trial by the fast lane, thus being able to make it to court in less than a couple of years or even sooner depending on the court’s agenda. The reasoning behind this system is, on the one hand, to lessen the burden on the prosecutors at the Ministerio Público by allowing the victims of financial crime in those cases that meet the criteria, to take personal charge of them, giving them in turn the opportunity to have their day in court a lot sooner than going through the long regular process. This can be done either at the very beginning when placing the complaint (remember that the Ministerio Público must agree) or at any stage of the process prior to the appointment of the public trial date. In my personal experience, if your case is solid and you have or can get by yourself the required paper track, this is the way to go. Many criminal lawyers fail to mention this alternative to their clients simply because it represents a lot more responsibility for them (actually, all of it as opposed to going with the Ministerio Público where all of the responsibility for the investigation and the accusation itself falls on the fiscal’s shoulders). Also you have to have a strong financial background to effectively litigate on this matter. But the possibility is there to be taken advantage of by anyone who wishes to. This is a sort of “private justice” that allows individuals to take to court financial criminals in almost no time when compared to a regular process. But again, it only works when the case is solid as it could otherwise backfire. *Mr. Valverde is a lawyer, notary and CPA in Guachipelín, Escazú. |
| Pacific coast residents ready to set up
blockade over road dust |
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By
the A.M. Costa Rica staff
As the dry season approaches its end, the roads have more dust and the smoke from the sugar cane fires lingers in the air and reddens the eyes and throats. Out in Tamarindo, the dust is about the last straw after the Municipalidad de Santa Cruz has promised for years to put asphalt on the 28 de abril road, according to residents. That is why they are planning a blockade for 7 a.m. Thursday. Email messages said that the residents are trying to apply |
pressure on municipal officials in
Santa Cruz. The blockade will be at the Villareal intersection, a
resident said. The protest will be multi-national, they added. "The municipality of Santa Cruz has been promising for years to asphalt the road," said another resident. "Not only do they not asphalt it. But, the grading of the road is so sporadic, we are constantly having to repair our vehicles, the dust is doing great damage to our cars, and the residence and homeowners along the road are constantly sick." This is not the only spot in Costa Rica where residents are irked by the dusty condition of the roads. |
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| A.M. Costa Rica's Fourth News page | |||||
| San José, Costa Rica, Tuesday, March 26, 2013, Vol. 13, No. 60 | |||||
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| Cross-cultural study shows different responses to customers
abuse |
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By
the University of British Columbia news service
A new study reveals that North American service workers are more likely to sabotage rude customers, while Chinese react by disengaging from customer service altogether. “Our research shows that culture plays a significant role in how frontline workers deal with customer abuse,” says Daniel Skarlicki, a co-author of the study. He is a Sauder School of Business professor at the University of British Columbia. “In North America, employees tend to retaliate against offensive customers – doing things like giving bad directions or serving cold food. In China, workers are more likely to reduce the general quality of service they provide to all customers – nasty or nice.” In a paper to be published in the journal Personnel Psychology, Skarlicki and former Sauder doctoral student Ruodan Shao studied how frontline employees at a luxury hotel with locations in Vancouver and Beijing reacted to customer mistreatment. Although the level of abuse was consistent in both locations, North Americans resorted 20 per cent more often to sabotage to get revenge. Abused Chinese workers were 19 per cent more likely to feel a lack of enthusiasm in their jobs, responding negatively to statements like, “I voluntarily assist guests even if it means going beyond job requirements.” “North Americans take a surgical approach to abuse, zeroing in on |
individuals
who mistreated them,” says Skarlicki, noting that managers must be
mindful of these cultural differences when expanding operations across
the Pacific. “Chinese don’t blame the transgressor. They blame the
system – the company or customers they serve.” Skarlicki says the implications are clear: “When service-oriented companies go global, they need to heighten their sensitivity to how culture in a new market can influence the performance of frontline staff and tailor their customer service operations accordingly.” For the study, the researchers held focus groups with hotel employees in Beijing and Vancouver to identify a set of common abusive situations and methods workers used to sabotage ill-mannered guests. Using this information, they conducted a series of surveys with more than 200 employees – 132 in Beijing and 82 in Vancouver. Participants reported the frequency they experienced abuse, the frequency of customer-directed sabotage as a result of customer abuse, and the level to which people felt an affinity toward their jobs. Skarlicki notes that the study is responding to the ongoing trend of North American service industries expanding operations to China and increasingly Chinese companies doing likewise in North America. He says the differing cultural responses observed in the study are in line with established traits of the two cultures, with North Americans tending to be more individualistic and Chinese more collectivistic. |
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| What we published this week: | Monday | Tuesday | Wednesday | Thursday | Friday | Earlier |
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| A.M.
Costa Rica's Fifth news page |
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| San José, Costa Rica, Tuesday, March 26, 2013, Vol. 13, No. 60 | |||||||||
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 Photo
by Patrick Rice, Shark Defense/
Florida Keys Community College. This
is the two-headed bull shark
Researchers confirm that shark had two heads on one body By
the Michigan State University news staff
Scientists have confirmed the discovery of the first-ever, two-headed bull shark. The study, led by Michigan State University and appearing in the Journal of Fish Biology, confirmed the specimen, found in the Gulf of Mexico April 7, 2011, was a single shark with two heads, rather than conjoined twins. There have been other species of sharks, such as blue sharks and tope sharks, born with two heads. This is the first record of this condition in a bull shark, said Michael Wagner, Michigan State assistant professor of fisheries and wildlife, who confirmed the discovery with colleagues at the Florida Keys Community College. “This is certainly one of those interesting and rarely detected phenomena,” Wagner said. “It’s good that we have this documented as part of the world’s natural history, but we’d certainly have to find many more before we could draw any conclusions about what caused this.” The difficulty of finding such oddities is due, in part, to creatures with abnormalities dying shortly after birth. In this instance, a fisherman found the two-headed shark when he opened the uterus of an adult shark. The two-headed shark died shortly thereafter and had little, if any, chance to survive in the wild, Wagner added. “You’ll see many more cases of two-headed lizards and snakes,” he said. “That’s because those organisms are often bred in captivity, and the breeders are more likely to observe the anomalies.” The shark was brought to the marine science department at Florida Keys Community College. From there, it was transported to Michigan State’s campus for further examination. Wagner and his team were able to detail the discovery with magnetic resonance imaging. Without damaging the unique specimen, the MRIs revealed two distinct heads, hearts and stomachs with the remainder of the body joining together in the back half of the animal to form a single tail. As part of the published brief, Wagner noted that some may want to attribute the deformed shark to exposure to pollutants. “Given the timing of the shark’s discovery with the Deepwater Horizon oil spill, I could see how some people may want to jump to conclusions,” Wagner said. “Making that leap is unwarranted. We simply have no evidence to support that cause or any other.” Chemicals could halt viruses by stopping reproduction By the A.M. Costa Rica wire services
U.S. researchers have discovered a class of potent chemical compounds that could stop a host of viruses in their tracks, including the deadly Marburg and Ebola viruses and pathogens that cause rabies, mumps and measles. Drugs made from the compounds would stop infection by interfering with a virus’ ability to reproduce itself inside human cells. Viruses are strange things. Though there is some scientific question about whether viruses are alive or not, they do have a basic genetic structure that allows them to be biologically active. But they don't have the built-in reproductive capacity of bacteria -- tiny, living organisms which, once they have infected a human host, can make copies of themselves using their own DNA. John Connor, a virologist at Boston University in Massachusetts, explains that in order for viruses to reproduce and become a disease threat, they must first hijack the genetic machinery of a living cell: “They’re parasites," said Connor. "They get inside our cells and use a lot of our machinery in order to make extra copies of themselves. And so that poses a really delicate question of how do you destroy the virus without getting yourself.” Connor and his colleagues screened thousands of chemical compounds, looking for ones that showed strong antiviral activity. They identified several small molecules that interfere with the replication of a class of pathogens known as NNS viruses, which cause the deadly Marburg and Ebola infections, as well as measles and mumps. Once they have invaded a host cell, NNS viruses use their own genetic molecule -- known as RNA -- to hijack the host cell's DNA and force it to make copies of the virus. The most effective compounds discovered by the Boston researchers shut down that replication process -- at least in cell-culture experiments -- by limiting the viruses' RNA production. The compounds do not thwart all viruses -- they have no effect, for example, on HIV, the virus that causes AIDS -- because of differences in the way viral pathogens enter and commandeer cells. Just as antibiotics are effective against many bacterial illnesses, Connor says he hopes this discovery leads to the development of broad-spectrum antiviral drugs to treat a variety of currently incurable viral infections. “Basically, one of the things my lab is interested in is trying to find monkey wrenches to throw into viral replication machinery so it doesn’t work anymore," said Connor. "And the idea there is, if we find good ways of keeping viruses from doing their basic replication, we can ideally develop a new drug to treat these viruses.” Malaria parasite targeted by drug that blocks DNA By
the A.M. Costa Rica wire services
U.S. researchers have developed a new fast-acting drug against malaria that appears to avoid the problem with current medicines, which often lose their effectiveness against increasingly drug-resistant strains of malaria parasites, called Plasmodium. Scientists say the new malaria medicine may have a decisive edge against this persistent tropical-world killer. Michael Riscoe of Oregon Health and Science University, in the U.S. Northwest, says the new drug, known as ELQ-300, targets the mitochondria -- energy-producing structures in the parasite’s cells -- and the DNA building blocks they produce. “So the Plasmodium mitochondrion serves as a factory to make these DNA building blocks, but this is completely blocked by ELQ-300," explains Riscoe. "Studies show that the drug acts very quickly to shut down this process. In fact, only about 10 minutes.” Perhaps the biggest obstacle in the fight against malaria, Riscoe adds, is the Plasmodium parasite’s ability to mutate and develop resistance to each new drug used against the disease. In tests using laboratory animals, he notes, the parasite did not develop resistant to ELQ-300. “These findings suggest that if the drug is eventually developed for human use, then it could enjoy a long, useful clinical life before resistance emerges in the field.” That would be good news, because Riscoe says the new drug seems to be much more effective than current anti-malaria medicines. “ELQ-300 is about 30 times more effective at curing malaria in mice as compared to atovaquone, a drug that’s in clinical use today.” Riscoe and his colleagues cite other advantages to ELQ-300: it may be cheaper to make than existing drugs, and it may be effective at lower doses. They suggest it could be used in combination with another drug to cure malaria with just one dose of medicine. After successful tests on laboratory mice, ELQ-300 is heading for human trials, starting with tests for safety. Facebook foulup costing exchange $62 million By
the A.M. Costa Rica wire services
A U.S. stock exchange is paying $62 million to brokers for its mishandling of the first day of share trading last year in the popular Facebook social networking web site. U.S. securities regulators approved the payment by the Nasdaq exchange on Monday. The stock exchange was overwhelmed with orders to buy and sell the Facebook stock on May 18. It said technical malfunctions in its trading system delayed the start of trading and then left brokers unsure of how many shares they owned. The debut of the Facebook stock was widely anticipated, but many investors have been disappointed. It traded as high as $45 a share on the opening day but has languished since then, most recently trading at about $25. Domestic workers lose residency Hong Kong bid By
the A.M. Costa Rica wire services
After three years of legal argument, the highest court in Hong Kong has upheld a government appeal that denies overseas domestic workers the right to residency in the semi-autonomous Chinese city. The case has implications for Hong Kong’s judicial independence from Beijing, and the rights of poor migrant workers across Asia. The unanimous decision Monday by five judges in the Court of Final Appeal ended a constitutional challenge by domestic workers Evangeline Banao Vallejos and Daniel Domingo. The Philippine appellants argued that, like white collar expats, foreign domestic workers should be entitled to permanent Hong Kong residency after working seven years in the city. Eman Villanueva of the Asian Migrants Coordinating Body labeled the verdict discriminatory. “There are more than 300,000 foreign domestic workers in Hong Kong and the message is very unfair: the court’s ruling gives the judicial seal … to the social exclusion of foreign domestic workers," said Villanueva. Government figures indicate that around 100,000 maids and their dependents, mainly from developing Asian nations, were eligible to apply for abode after Vallejos and Domingo won their initial case in 2011. Security Secretary Lai Tung-kwok noted that more than 1,000 residency applications already had been received. “The government welcomes the verdict [and] will proceed to process new and pending applications submitted by foreign helpers according to the law as affirmed by the court," said Lai. Migrant women in low paid domestic jobs across Asia and the Middle East - working to support families back home - saw the 2011 decision as a sign of hope, says Holly Allen of the NGO Helpers for Domestic Helpers. Now, she says, other states might not seek to improve migrant worker rights, spurred on by Hong Kong’s lead. “They work long hours; some up to 20 hours a day with very little rest," said Allen. "Canada, maybe some other western countries allow foreign domestic workers to apply for residency, but no other countries in Asia.” The Hong Kong public is divided on the decision, despite almost universal fears that schools, hospitals and public housing in the territory - with a population of 7 million - risks being overwhelmed by tens of thousands of migrant workers simultaneously claiming abode. The case also has escalated concern about the erosion of judicial autonomy in Hong Kong. This occurs at a time the Communist Party in Beijing is increasingly aware of anti-China sentiment in the city, and the waning popularity of a local leadership it helped put into office. While the court confirmed Hong Kong’s constitutional authority in immigration matters, Justice Secretary Rimsky Yuen says that would not preclude asking Beijing to settle a years-old case relating to the rights of children born locally to mainland fathers. “Our position has been very clear; that we are trying our very best to resolve all the legal issues concerning [these] babies by avenues available in the local legal system," said Yuen. "We will exhaust our means before we do anything [else].” Any deferral to Beijing promises to cause further tension in Hong Kong, where a civil disobedience movement driven by an increasingly disenfranchised middle class is gathering momentum - its aim to strengthen democracy, not weaken it by relinquishing autonomy. Chinese national given five years for data transfer By
the A.M. Costa Rica wire services
A U.S. judge has sentenced a Chinese national to more than five years in prison for illegally exporting sensitive defense-related information to China. Liu Sixing was convicted in a federal court last year on charges including exporting technical military data without a license and lying to authorities. The 49-year-old, also known as Steve Liu, was a senior staff engineer for a division of the New Jersey-based L-3 Communications, which was working on guidance systems for missiles, rockets and drones. Prosecutors say he stole thousands of restricted military files and shared them during several presentations in China in 2009 and 2010, including one at a Chinese government-organized technology conference. Liu says he was only trying to use the presentations to get a job in China. He argued that the case against him was politically motivated. The presiding judge disagreed. In addition to the jail sentence, Liu was ordered to pay a $15,000 fine. Washington's famous blossoms stay in hiding due to snow By
the A.M. Costa Rica wire services
A spring snowstorm has blanketed the Washington region, complicating life for some commuters and disappointing tourists who were expecting springtime temperatures and cherry blossoms. Some visitors Monday ventured outdoors despite the weather. Snow mixed with rain greeted visitors to the Jefferson Memorial and the adjacent Tidal Basin. Photographer Judy Young was hoping to snap shots of the city's famous cherry blossoms, covered with snow. "I came down here to find snow on these beautiful cherry blossoms, or even the buds. Did I find snow? No. It's raining this morning," she said. School groups visiting on spring break were also disappointed. Some arrived unaware that cooler-than-expected weather delayed the blossoms on the cherry trees, given to the United States by Japan more than 100 years ago. Marshall True, a student from California, hoped to take home a special souvenir for his Japanese language instructor. "I go to a Japanese class, and she was hoping to see pictures of cherry blossoms, so I have to disappoint her," said True. "It's lucky for us we brought these clothes because it's winter here, not spring," said Sonia Bastidas, a tourist from Switzerland. She and her traveling companion, Mark Shmid, hoped to see Washington's spring spectacular while in town. "We were hoping to see it, but it's a bit early, I guess. So maybe during the end of the trip, we'll get to see some," he said. The National Park Service updated its prediction of peak bloom time for the District of Columbia’s cherry trees because of the cold weather. It now says the cherry blossoms will be in full bloom in early April. |
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| San
José, Costa Rica,
Tuesday, March 26, 2013, Vol.
13, No. 60 |
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