Yeah he should have just stayed in the US if his intentions were to commit a fraud scheme and exploit his investors. White collar prisons aren't nearly as bad as the prisons in Costa Rica - over there they actually prefer to punish people who steal millions of dollars from innocent people.
It IS third world, and he's probably in jail because they're squeezing him for something. He's much better off in Costa Rica than here in the US; he can probably buy his way out of this mess much more easily. Likely it's even expected.
Which doesn't change the fact that the dilution--this is NOT "overhang" Smitter!--is a killer here.