Tropical American Tree Farms Update, 2019: A Guest Post

One of the new homes being built on former TATF properties

 I encourage guest bloggers offering topical content on issues that concern my readers.  I have received this guest post written by an anonymous source who lives in the vicinity of some of the many teak farms owned by Tropical American Tree Farms. I have received more e-mails and comments from TATF investors than on any other post on this blog. This anonymous writer is telling the story of a sibling in Costa Rica who has witnessed the destruction of Tropical American Tree Farms. For the many of you who write to me on how to tell your IRA administrator that your investment in TATF is a total loss, perhaps this blog post may help.

"My sister lives in Costa Rica and for the last 3 years has been trying to protect the trees and land , of several farms of TATF. In her efforts to stop the illegal invasión and stealing of the land and trees she was viciously assaulted, as a retaliation for seeking legal means through MINAE 

(ministry of Environment), to prevent the environmental damages and unlawful activity.

Cear-cutting of part of the teak farm

 

Squatter home built from TATF timber

"She does not or did not, know the Brunners and cannot speculate if TATF was a fraud. The Brunners certainly did benefit from the money of the investors over the many years. But to her knowledge, the Brunners never received any money from the harvesting of the teak wood. 

The majority of the teak has been harvested- but not by the Brunners. 

The government of Costa Rica has turned a completely blind eye to the illegal invasión and stealing of this wood and land - bought and paid for by foreign investors dollars. Many of the locals, who worked and benefited for years from TATF money are the same ones now stealing the trees and the land. Please be assured that these are not needy people. Sadly the locals are also invading the primary forests and destroying land the Brunners had left in conservation.

This is in complete violation of environmental laws in Costa Rica."

The International Appraiser is Threatened with a Libel Lawsuit from the UK, a “Land Called Sue”

Her Majesty's Libel Judge

Ironically, the legal threat has nothing to do with anything I said, but what one of my readers commented on in the open forum that follows each blog post. On my “Costa Rican Teak Farms for Gringo Investors” post from August 2011, http://www.internationalappraiser.com/2011/08/costa-rican-teak-farms-for-gringo.html , a commenter named Dave Anderson stated:

Dave Anderson said...
Just to let everyone know Living Investments uk are now under investigation for fraud. Anyone affected by this should contact Actionfraud on 0300 1232040. Thanks for your advice especially explaining conversion bft to cu.m which allowed me to challenge their projections and realise their scam. January 24, 2013 at 2:19 AM

On Monday morning, June 17th, almost 5 months after this comment was recorded on my blog, I received an e-mail from Steve James of Living Investments UK with a request to remove Mr. Anderson’s remark, which he deemed to be false. My response was as follows:

"Mr. James,

You're welcome to publish a rebuttal to his comment. I do little to censor the commenters."

Most of the commenters on my blog do so to promote their own web sites or products, any way; my favorite one is the cat furniture guy. What does the cat furniture guy expect to happen when my readers click on his link? “Honey, forget buying the Costa Rican beach property. Let’s upgrade Fluffy’s scratching post instead!”

Here is the response from Mr. James that I woke up to on Tuesday morning:

"Hi
Your response is disappointing. The statement written is a lie and you are implying by refusing to take down the offending statement that you agree with the lie. The libel laws in the UK are quite easy to interpret, you can publish comments on the basis that to the best of your knowledge they are true; however once it has been brought to your attention that the statements are not true then by continuing to run the offending article you lose that particular defence. In short in court you will have to prove that we are under investigation for fraud (we are not and never have been) and if you cannot do this then you will (if you lose) have to pay substantial damages; as we will prove that your actions have damaged our business and you may have to make good the profits that we have lost in the process.
...…............ I would rather not go to court as the costs for both sides will be in excess of £ 100,000 and even if we win we will only recover 70% of that from yourself so it will cost us at least £ 30,000 and a lot of time to prove this.
…...............I have already spent considerable time on this matter but I have done so, to try and save us both a lot of money and time (especially the time) some companies would just sue you today as you have responded once you were made aware of the falseness of the claims and have continued to “republish” the offending comments. I have taken a different approach to try and explain things fully however once I start the legal process we will go all the way as we don’t settle. To start the ball rolling costs £ 20,000 but the time element is massive so paying the costs will not be enough for us, we would want substantial compensation for loss of business (we can prove this).

The decision is of course entirely yours, I await your response but if I hear nothing by tomorrow (19th June 2013) I will place the entire matter in the hands of our lawyers.

Regards
Stephen James"

I once again invited Mr. James to tell his side of the story on my blog. But would you want to do business with a guy like this?

So it took 5 months for this man to find a 3rd party comment on my blog, but he then claims proven loss of business. As I checked my site traffic statistics (maintained by Google) I found only 72 page views in the UK in the last month, and that covers an entire blog with 89 posts; most UK readers were probably looking at my recent post featuring Fawlty Towers.



In my part of the world, such a defamation lawsuit is called “pulling a Streisand”, a counterproductive legal strategy in which most of the damage to the plaintiff’s reputation comes from the plaintiff’s own publicizing of the alleged defamation or similar act. Barbra Streisand once sued a coastal photographer for invasion of privacy when he accidentally photographed her house on the Malibu shore. When she filed the complaint, many media outlets republished the photo and it was ultimately determined that she was the most responsible for the loss of privacy that she was suing about. Suing gets publicity.

My first reaction to Mr. James's e-mail was how does he know that he is not being investigated? In my training as a Certified Fraud Examiner, I was never told that I should first inform the fraudster that he is being investigated. I have no way of knowing if Living Investments UK, a company I never heard of and never criticized, is being investigated for fraud. Nor have I ever claimed such.

An Internet search of Living Investments, though, makes me uncomfortable about this company, such as their claim on YouTube that they can turn a ￡5,000 teak tree investment into a ￡32,087 investment in 15 years, suggesting a return on investment of over 13% per year, and that investors start getting returns as early as 4 years for a 4-year-old tree (sold for what -- pulpwood?).  If the returns are this good, why are they selling? I would load up as much as possible with financing from my private lender clients and keep the secret to myself.

I also found the following comments at qfak.com:

"I keep getting calls someone at Living Investments UK in Dec 14 at 5:55
They apparently have a teak plantation in Costa Rica and they asked me to invest ￡25,000. I personally think it is a scam, but im not sure. Has anyone else had any experience with them. I dont like how persistent they are. They were definately using boiler room tactics."

Answer _ Page 1
"Smithmeister, I think I remember you, I started with you for the training week thing. I stayed a little bit longer than you, I have a less sensitive bull**-o-meter and I stayed for 8 days. It is the most rediculous company I have had the pleasure of working for. They have a virtual office at 14 Grenville street, but it is simply a decoy for all their letters to go there. They actually operate from 6-8 st. John Street EC1 in Farringdon.
No They are not regulated by the FSA and companies like this make me sick because they don't know the impact they have on peoples lives. They don't deal with any fund managers or pension managers. They get all the prospects from an investors list with mainly elderly pensioners and harrass them for money. Its not even a limited company, its sole propreitor with some guy who no one knows. If someone calls from LIUK, Tell them to stick the phone up their arses"

And the following is a recent job advertisement for Living Investments UK:

• Company Living Investments UK
• Job location London (United Kingdom)
• Contract type Permanent
• Closes on April 19, 2013

Basic Comm 55K-85,000 City based private client brokerage is interviewing for the above positions for an immediate start. We are looking for individuals who are proven in introducing investments to private clients and IFA’s. If you have an extensive and highly successful experience of dealing with building client portfolio’s within a broker style environment we will be interested in hearing from you. You need to be driven and money motivated and with a strong professional work ethic and furthermore you need to be articulate and able to think on your feet. Our top earner earns over 130,000 p.a.

They have the appearance of being a telemarketing boiler room operation. Is this legal in the UK? Probably. Did I say this was a fraud? No. Would I want these "money motivated" brokers selling Costa Rican trees over the telephone to my parents? Never.

I have also noticed that a disproportionate number of investors scammed in Florida and Latin American real estate developments (based on my observation of the sales contracts) are British.  Could it be that British libel laws prevented British subjects from learning the truth about dodgy real estate projects?  There's good news at least; the UK libel laws are already being changed.

Tropical American Tree Farms Update and Other Teak Farm Promotions

Latest update: https://www.internationalappraiser.com/2019/07/tropical-american-tree-farms-update.html

I received many complaints about Tropical American Tree Farms (TATF) in Costa Rica, who did not sell titled land, but sold unenforceable "certificates of ownership" in individual trees, written in the English language and thus not enforceable in Costa Rican courts. Some investors claim that they are due payments in arrears for as long as 16 years. The owners of TATF were an American couple; the husband died about a year ago. It seems that no investor has received any payouts from this investment over the last two decades.

I sometimes get requests from readers to appraise their trees, but I have not yet been able to help. I have encountered investors who have no deed (known as the “escritura”) and cannot locate their trees on a map. Lacking that information, I cannot perform an appraisal for the IRS. I cannot state that their trees are worthless, either, because trees are not worthless.

If I have the relevant escrituras, I can appraise the investor’s ownership interest in the property, and if the escritura demonstrates that title has not been transferred to the investor, then the value of the ownership interest is likely to be zero.

Continued teak farm investment promotions

These are not necessarily fraudulent but are advertised with a large amount of puffery and unproven claims. For instance, in an issue last year of International Living, former congressman Bob Bauman, who normally presents sound legal advice for would-be expatriates, presented the new Panamamian residency visa for immigrants (such as Americans) wishing to pursue forestry in that country along with the unvetted investment claims of a Panamian teak farm investment promoter. (IL promptly removed the investment claims from its web site when I informed them.) The standard line from these promoters is that income starts coming from trimmings of teak trees at 13 to 14 years and that the trees can be profitably harvested at 20 years of age. No legitimate Latin American forester seems to agree with this.

"OLAT" -- Organizacion LatinoAmericana de la Teca, the trade organization for teak farmers, tells a different story. They considered a teak tree to be mature at 30 years of age, and immature teak has less value than mature teak, enough less that they did not even attempt to measure the value of teak less than 30 years old in their price surveys. Visit their web site at www.OLATgroup.org .

What are current teak prices?

Costa Rica's Oficina Nacional Forestal published average teak prices in June 2012 as 225 colones per pmt (pulgadas maderera tica) for standing trees and 326 colones per pmt for logs. A pmt is equivalent to 1 inch x 1 inch x 3.36 meters. Based on 504 colones per dollar and 364 pmt per cubic meter, this translates to a price of $162 per cubic meter for standing trees and $235 per cubic meter for logs. Bear in mind that the price per cubic meter increases as the tree matures.

My continued advice is to pursue all foreign investments with personal due diligence. If one's main goal is a Panamian residency visa, a forestry investment will help meet that goal, but don't expect to get rich that way, and make sure to actively manage your property.

Final analysis

In addition to being an appraiser, I have also been a Certified Fraud Examiner for the last 13 years.  What TATF looks like is a confidence scheme from the start. The art of this con is that it takes 20 years for investors to find out that they have been defrauded.

Some of you have expressed doubt that the Brunners had bad intentions at the start, but that is how confidence schemes work -- they rely on your misplaced confidence by seeming like trustworthy people. When investment promoters or loan borrowers smile a lot and talk about Jesus, I have learned to view it as a red flag and an effort to manipulate me.  I've been had before, too.

Other recommended posts:
https://www.internationalappraiser.com/2019/07/tropical-american-tree-farms-update.html

http://www.internationalappraiser.com/2011/08/costa-rican-teak-farms-for-gringo.html

http://www.internationalappraiser.com/2017/02/a-foreigner-and-his-real-estate.html

http://www.internationalappraiser.com/2012/07/appraisals-of-view-land-in-costa-rica.html

http://www.internationalappraiser.com/2013/06/the-international-appraiser-is.html

http://www.internationalappraiser.com/2011/06/costa-rican-and-mexican-appraisals.html

http://www.internationalappraiser.com/2010/03/appraisal-in-costa-rica.html

Costa Rican Teak Farms for Gringo Investors

I’ve been preparing for an upcoming tree farm appraisal assignment in Costa Rica, but learned late that what was thought to be a teak farm is actually a tree farm with lesser tree species. Nevertheless, something should be said about the teak farm market in Costa Rica.

In the late 1980s Costa Rican President Oscar Arias declared a state of emergency concerning the depletion of the nation’s forests, much of which had been felled for timber harvesting or cattle ranching. Generous tax exemptions were put in place to encourage commercial reforestation projects. Capitalism quickly and enthusiastically addressed the problem, and some of those who observed the flow of international capital into Costa Rican forestry investments figured out that perhaps there was more money to be made by selling forestry investments than in actually growing, harvesting and processing the trees.

As with any market for investment properties, distortions are created when properties are developed in response to investor demand rather than consumer demand. For instance, great surpluses of “rental homes” were developed in Arizona, Las Vegas and Kissimmee, Florida, not in response to a shortage of housing in those areas, but to sell to out-of-state investors. Costa Rican tree farms are now repeating the same concept all over again.

Teak became the preferred tree farm crop because of its high value. There were no restrictions on the creation of new supply in Costa Rica, so many entrepreneurs got into the teak plantation business and European “investment funds” (syndications) were organized to develop teak plantations for small investors, charging high mark-ups. Many teak plantations were subdivided into smaller parcels for purchase by small, absentee investors in North America and Europe.

Misleading data crowding out objective data

The Costa Rican timber market is fragmented and lacking in price information, which has led to the crowding out of objective information by hyperbole crafted by investment promoters, many of who claim historical investment returns in the timber industry of greater than 13% per year. This is not based on Costa Rican data, however.

The most recent price survey among the Costa Rican members of OLAT (the Latin American Teak Organization) indicates prices between $120 and $595 per cubic meter for standing teak trees, depending upon diameter, but prices appear to have decreased since February of this year. For instance, standing teak trees of 50 to 59 centimeters in diameter were priced at an average of $220 per cubic meter then but are now priced at $175 per cubic meter, a drop of 20% in the last six months. Mature trees above 30 years in age have much greater value per cubic meter than immature (“short rotation”) trees, as they can be more efficiently processed into large pieces of sawn wood.

Investment promoters, however, are misleading investors with pro forma cash flow projections based on price increases of 5 to 10% per year, despite the increasing supply of Costa Rican teak, and unrealistically shortened maturity times of 20 to 25 years. OLAT’s data is based on reported prices for mature 30-to-50-year-old trees (the older, the more valuable) and describes 20 to 25-year old plantations as “young plantations” for which there is insufficient market price data, and also commenting that “Latin America will supply an important part of the teak market, but is not properly geared to marketing short rotation material. This will change in the coming years, with the knowledge that producers are not getting the best price, the market being controlled by buyers.” In Asia, teak trees are often not harvested until 60 years.

As for the balance between teak supply and demand in Costa Rica, OLAT states “With all the money that was invested by forestry funds over the years in Latin America many plantations were enthusiastically created and the know-how has been improving steadily. Lacking, to some extent, are the sales aspects of plantation products.”

Investment Promoters and Scam Artists

Some investment promoters are not even selling land to investors, just the trees themselves. It is important to know that titled ownership in Costa Rica extends to real estate only; there are no tree titles, and the idea of tree titles in a nation with so many more trees than people would be an administrative nightmare, even if it was tried.  How does one prove ownership of trees that are situated on someone else’s land? Any contract in English is not valid or enforceable in Costa Rican courts, either.

Many investors claim to be victims of scams in which plantation owners sell tree ownership and then charge a fee to manage the tree investment; Tropical American Tree Farms seems to have attracted the most complaints. Most of the alleged fraudsters are gringos themselves, including Eric Heckler, who was a fugitive from mortgage fraud charges in Florida when found selling Costa Rican teak trees that weren't his before being extradited back to the U.S. in 2009.

In the numerous listings of teak plantations for sale in Costa Rica, a sizeable discount per tree is apparent for the larger plantations, indicating an insufficient demand for the quantities of teak they are producing, with prices as low as $167 per standing tree for 20-year-old trees, which translates to about $244 per cubic meter (based on an average of 0.8639 cubic meters per 20-year-old teak tree), or 58 cents per board-foot, quite a bit lower than even the OLAT-published prices.

Next stop: Tepotzotlan, Mexico

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