Posted on 01/31/2007 1:12:31 PM PST by primeval patriot
U.S. District Judge James Cohn has forced a Guatemalan dishwasher to surrender nearly all his life savings to the government because he didn't sign a declaration form before trying to board an airplane.
Pedro Zapeta of Stuart had $59,000 in his bag when Customs agents searched it and confiscated the money at the Fort Lauderdale-Hollywood International Airport on Sept. 18, 2005. Mr. Zapeta, a 39-year-old Mayan whose native language is Quiche, has said that he was unaware of the requirement to disclose amounts greater than $10,000. On Monday, Judge Cohn ruled that the $10,000 was all that Mr. Zapeta could keep. He must forfeit the rest - $49,000. Mr. Zapeta has no real option for appealing, and is likely to be deported soon.
"It is unconscionable for the government to take that money," said Robert Gershman, Mr. Zapeta's attorney. "They do it because they can. That's the only reason. It's just not right. He could have left with all $59,000 if he had signed the form."
In his six-page ruling, Judge Cohn said that the government had dropped earlier claims that the cash was drug money, and that prosecutors were accusing Mr. Zapeta of a civil currency violation, not a criminal offense. Mr. Gershman argued that Mr. Zapeta should pay a fine of no more than $5,000 for being negligent; he never had flown on a plane. "There is no rule of thumb in these cases," the lawyer said. "They shouldn't just rubber-stamp them with a decision like this."
Mr. Zapeta entered the country illegally 11 years ago and worked as a dishwasher for numerous Stuart restaurants, often holding two jobs at a time for little more than minimum wage. He intended to start a business with relatives upon returning to Guatemala. Mr. Gershman believes that the dishwasher's immigration and social status worked against him: "If Mr. Zapeta were a professional man, or more intellectual, or more mainstream, there's no question that he would not have been treated this way."
This is the guest worker President Bush has in mind when he proposes immigration reform. Pedro Zapeta didn't come to stay. He came to make investment money he can't make back home. Having done so, he was ready to deport himself. Judge Cohn had a chance to make sense out of this bureaucratic bungling. Instead, he displayed little logic and even less compassion.
Hey, I had a low paying job for 2 years and saved some $15K. It can be done.
Agreed.
I've had immigrants work for me at a number of places and those from certain countries, especially Vietnam, are insanely frugal. They understand what it is to be poor. Not "American Poor", but poor.
After 11 years at minimum wage, probably a lot under-the-table, I can believe it.
Illegal is illegal. He is here illegally. If he can prove the money is his, he can take it with him. I wonder what other laws he has ignored. Like paying income tax, SS tax, medicaid, unemployment insurance, etc.
Apparently Mr Zapeta either could not read or could not understand the signs posted all over boarding areas for international flights stating that amounts over $10,000 must be declared or the feds will take your money and possibly throw your hiney in jail.
"If Mr. Zapeta were a professional man, or more intellectual, or more mainstream, there's no question that he would not have been treated this way."
No, if Mr Zapeta had learned to read and understand English in his 11 years here illegally he wouldn't have this problem.
I personally have never been in an international boarding area where the requirement for financial declaration is not clearly and conspicuously noted.
Sheesh
LOL Exactly what came to my mind.
Now I'm hungry.
Same here. Tho, I do wonder how much taxes he paid on the money illegally earned during the 11 years.
They should have just made the 59K subject to back Federal,State,local taxes (if not paid), and back social security payments (which were not made because he was illegal). He should have paid a fine for non declaration and then deported.
Some reporter somewhere can't spell . . . or else the speel chicker got loose on this one.
"Though estimates vary, the official Academia de Lenguas Mayas de Guatemala (ALMG) finds 21 distinct Mayan languages (with others in Mexico and Belize). Mam, K'aqchikel, and Q'eqchí are spoken by, respectively, 700,000, 450,000 and 370,000 people; K'iché is spoken by more than a million. The firth largest, Q'anjob'al is spoken by just over 100,000 and other languages each by considerably less than 100,000." source
Well, we know one thing for sure, he didn't pay any Social Security taxes.
The criminal fascist syndicate occupying Washington is simply creating more illegal precedent to steal your money if you don't have a note from mommy government to be carrying around cash in excess of 50 bucks.
"lot under-the-table"
That's my take. (off subject abit, but young dynachrome worked 9 months as a dishwasher and cook for minimum wage. Not much left over)
I agree with you that it is indeed possible. I teach ESL to illegals. They live together in large groups and conscientiously save money. They work as hard as anyone I've ever seen. Actually, this man is lucky that someone hadn't stolen it before then.
I remember a precedent where a legal immigrant borrowed lots of money from people in his home country to set up a business here (convenience store IIRC). He did well, and was about to fly back with the cash to pay everyone back when he was nailed under this law. I can't remember the amount, but they took tens of thousands of dollars.
The seizure was overturned on the grounds of "cruel and unusual punishment," in that losing tens of thousands of dollars because you didn't know you had to do some paperwork was out of proportion with the offense.
Not that I'd know either one if you hit me over the head with a dictionary. Even my Spanish is pretty rudimentary (and thoroughly contaminated by Latin.)
Paid cash- No payroll records. Worked as many hours as he could stand up, and employer didn't care.
Lived with 25 others in 1200 sq ft of "house".
He was here illegally....period.
Employer needs to be punished, also, IMO.
Sorry, dishwashing guy.
These folks have minimal living expenses. They live very frugally and live together in large groups. Even many of those with families leave children behind to come here and work. Those people tend to send their money back to their families.
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