Press Release: “We Trusted. They Withheld. Now We Warn Others.”
“I never imagined I’d be standing here, warning others not to make the same mistake we did,” said Mr. Ben Fabretto, the Australian businessman representing the companies — Bowlers Pine Holdings Pty Ltd and Fabretto Marine Ltd. “But after nearly two years of silence, avoidance, and outright refusal to return our funds, I feel a duty to speak out.”
Mr. Fabretto has filed a formal criminal complaint and civil lawsuit in Costa Rica against Costa Rica Yacht Center, S.A. (also known as APEX BOATS) and its executives, Roger Dherlin and Randall Miguel Nuñez Nuñez, for the alleged misappropriation of USD $66,415 — a violation under Article 223 of the Costa Rican Penal Code, which criminalizes the act of unlawfully retaining or using property received under a legal obligation to return or administer it.
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The funds in question were originally deposited as part of a distribution agreement for boat-related operations. That agreement was terminated — and clearly stipulated that the deposit was to be refunded upon termination. Instead, the money was withheld, with no explanation and no legal basis.
“We respected the process. We tried to resolve this privately. We gave them every opportunity to make it right,” Fabretto explained. “But contracts mean nothing if one party believes they can simply ignore them — and that’s exactly what happened here.”
Between 2023 and 2024, Fabretto’s companies made multiple attempts to recover the funds, including formal communications and direct outreach. These efforts were met with total silence and avoidance, signaling a refusal to engage or comply.
“The worst part wasn’t even the financial loss,” Fabretto noted. “It was the dishonesty. The silence. The complete disregard for what had been agreed to.” Still, Fabretto made clear his faith in Costa Rica’s legal system: “I believe in the Costa Rican judicial system,” he said.
“That’s why we filed the complaint here. We trust the law and expect the courts will uphold the rights of those who come in good faith.”
He also had a message for other international businesses:
“If it can happen to us — with formal agreements, legal counsel, and a clear paper trail — it can happen to anyone.” He urged caution and due diligence for any company exploring partnerships in Costa Rica. “Look beyond the surface. Know who you’re doing business with. And don’t assume that integrity will always be reciprocated.”
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With both criminal and civil proceedings underway, Mr. Fabretto reaffirmed his commitment to seeking justice:“We will pursue every legal remedy available. Not just for ourselves, but to ensure that other companies do not face the same trap. Speaking up is not just our right — it’s our responsibility.”
For more information:
Website: fabrettogroup.com.au
Email: ben@fabrettogroup.com.au
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