Bocas Unidos Foundation

Again - Back to Bocas del Toro and Frank Delape

2008

By DON WINNER for Panama-Guide.com - Ah, it's always nice to get back home after a road-trip. I just made another jaunt up to Bocas del Toro to meet with the members of a new organization called "Bocas Unidas" - basically comprised of people who are (supposedly, allegedly, reportedly) getting their land taken away from them by Frank Delape, Richard Kiibler, and Six Diamonds Resorts International (SDRI.) I spent most of my time with Willy and Karan Schreiber who own the lot next to what Frank Delape wants to develop into "Phase II" of their Palacio del Mar project. It's bad enough that they have been trying to "pry" rights of possession land away from people - but now they are going after titled land!

Poster Children: The Screibers are basically what I would call "poster children," a prefect example of exactly the kind of expat you would want to come to live in Panama. They served a total combined six years in the Peace Corps - three years in Africa and then three years in Panama. They fell in love with Panama and decided to buy land and to live here permanently. And so, they did. What's more, they had a dream of building a little vocational school in Bocas del Toro to help and train local people, who in many cases are basically unskilled, to teach them carpentry and outboard motor repair.

Worried About Rights of Possession: The Schreibers had heard horror stories about Rights of Possession property so they decided early on that they were only interested in buying titled property. So, like good poster children, they paid for a title search to make sure the title was good and that there was no outstanding problems with the title on the land. They went and had the title they hold on their land certified by the Panamanian PRONAT organization, which was created specifically with the intent of granting and certifying existing titles on land. They filed their property with the government for tax purposes. In other words, they have done every possible and conceivable thing they could think of to protect their land and investment.

In Order To Get Oriented: You have to know which way is up. This annotated photo-map, taken from a Google Earth snapshot, gives you an overview of the area near the Bocas del Toro airport where Frank Delape and Six Diamonds Resorts International intends to develop their "Palacio del Mar" project:

Next Door to Phase II: The land owned by the Schreibers is basically "next door" to what Frank Delape and SDRI intends to develop as "Phase II" of the Palacio del Mar project. Here's a close-up of the location of that land, but please understand that the green lines that I drew in showing the limits of their property are approximate. They have the legally registered property titles and surveys, recognized and registered with PRONAT. And I saw these documents but don't have a copy (yet) so, I'm working from memory.

Walked the Fence Line: I walked around the land with Willy Schreiber, and we basically followed the fence line, starting near the house and following the fence all the way to the back of the property. In total it's a little over 1 hectare total in size. The Schreibers cleared the land themselves and have been pouring their "heart and soul" into the place since the day they acquired the property. You might notice that in the Google Earth photo above the house has not been built yet, but the land is partially cleared.

Very Environmentally Oriented: The Schreibers spent three years in the Peace Corps, living with an Embera indian village. And as a result, they know what the "real" jungle is supposed to look like. As we walked around the property, Willy was pointing out the different plants and trees and flowers, and he is actually trying to remove some of the plants that are not quite as indigenous to the area, in order to try to restore the back part of their property to a more natural and balanced.

Judges and Surveyors: One day out of the clear blue sky Richard Kiibler from Six Diamonds Resorts International showed up in front of the Schreiber's property, together with the local Circuit Court Judge and surveyors. Six Diamonds Resorts International (SDRI) has filed a motion trying to take the land away from the Schreibers. That's right, now they are going after titled land.

To Be More Specific: The Schreibers are, right now as I write this, getting copies made of all of their documentation. And, bless her heart, Karan Schreiber is a "stickler" for documentation. They have all of the documents related to this case and are making a stack for me. This is why it's important - Frank Delape and the Six Diamonds Resorts International gang are playing "hide the marble" games by creating new corporations, stacking corporations on top of corporations, and doing everything they can in order to create as much separation as they can between the truth and reality. A few days before Richard Kiibler showed up with the local judge (who is, without a doubt above reproach) Karan Schriber was him with someone from the municipal office,standing at the corner of her property. He was speaking and telling the woman "right through there, about 30 meters, and then curving around to there..." And sure as shit, when the "judge" showed up, the Schreiber's were literally shocked to see people in their front yard, pounding in surveyor's points. In fact, they were seeing the boundries of their land changing before their very eyes. And, they could not believe what they were seeing.

Registered, Inspected, PRONAT: The Schreibers have, without a doubt, the strongest and best documented case I've seen in Bocas del Toro so far. In fact, I don't see any way that any judge (anwhere) could ever decide against them. Their documentation has documentation. So, what the hell's going on?

Let's Do Breakfast: Several people have told me that they see Richard Kiibler and the local judge eating breakfast together, frequently and on several occasions. Everyone is under the belief that this judge (Garcia? I need the paperwork...) has basically been "bought" by Frank Delape, Richard Kiibler, and the Six Diamonds Resorts International organization. OK, but why?

Pattern of Conduct: Skunks can't change their stripes. Frank Delape has demonstrated time and time again in Bocas del Toro the same pattern of conduct. This is what they do:

Express Interest In Your Land: Once they decide you have something they want, they will approach you and tell you they want to buy it. They will offer a great sum of money. For example, they "offered" the Schreiber's $1.2 million dollars for their land. After they make you think you're going to get rich, they say "but we will be needing all of the documents on your land so we can check it out and make sure it's a clear title..." Sounds harmless, right?
Just Wanted the Paperwork: In reality they never had any intention of actually buying the land at that price. What they really wanted was the paperwork on the property. Armed with that information they search for some kind of a crack, a legal toe-hold, where they can, for some dumb-ass reason or another, start a legal process to try to take it away.
Local Officials In Their Back Pocket: Remember that these guys have (apparently, supposedly, reportedly, allegedly) already gotten the Mayor, the Representatives from the Municipal Council, the local representative from the tax office, the governor, and now apparently this local judge right in their hip pocket. So, whatever kind of legal action they want to start up, they can count on winning at the local level. Now, why is that so important?
The Schreibers Are Going To Win (Eventually): OK, so the local judge is in the bag. Once the case leaves Bocas del Toro and goes to David, and then maybe eventually the Supreme Court, then they will win on appeal. But by the time that happens, about five or six years will have gone by. Why pour money into something any first-year law student can see is a losing case? Why? Oh, I wonder why? What could it be?
Consider This: What if this is the first "pump and dump" scheme someone is trying to pull in Panama? What if Francis (a.k.a "Frank") Delape, formerly of Isolagen, who is facing several charges for having done exactly the same thing but with a different product, is trying to pull a "repeat" in Panama? Frank Delape and Richard Kiibler are trying to attract investors - people who will (basically) trust them, believe that they are going to build what they have on their internet site, and hand over millions of dollars.
Going Public: And here's where the real money is - if you own more than a million shares of a stock with a symbol SDRI valued at $.003 cents per share, and that stock rises to just $.02 cents per share, how much money did you just make? The math is increadible down in penny-stock land, a minor up-tick and you're rich. The only conceivable reason Frank Delape would make all of these filings with the SEC is if he's planning to (eventually) take SDRI public.
Now, We Need Time: Of course, they will be able to tell the SEC (without lying, of course) that they have "won" court decisions in the first instance at the lowest level (and by the way, thanks for breakfast.) Of course they can also count on the local municipal goverment to approve whatever they want to do in terms of getting approvals, permits, etc. While people are bitching on appeal, they will be promoting their asses off...
Why? It's All About the Share Price: As long as they can, with a straight face, make people believe that they are actually going to do something, then there are suckers born every minute. Meanwhile I am becoming a major ball of muck in their grand scheme. Anyone with a computer and an Internet connection is going to find this website when they start doing their "due dilligence" searches on SDRI. Hello, Frank. How's tricks?
Time To Go, Toto...: Then, right before some major court decision comes out (on appeal) telling them that in fact, no, they do not own the land. And no, they are not going to build (whatever project, "playa," or what have you) they will dump their shares, move the money BACK to the Cayman islands, and start working harder on their investments in Greece. Meanwhile, the SEC will continue to chase them around and people will be left to clean up the mess they left behind. Good luck with that, because the money is already gone.