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.
How many Americans not engaged in illegal activity have been "bent over"? Since this has been the law for 20 or 30 years there should be loads of data on it. Find out and let us know.
You know, South Florida is home to many rich people. Many who come from South America. We should ask them how they hide their money going thru customs. Maybe support hose.
I didn't realize that failure to fill out the correct form constituted "illegal activity". "Stroke of a pen, you're legal again"?
I'm sure in your mind it is.
How is that incorrect? Since this dastardly desperado was only guilty of a clerical error, one would think that a similar bit of paperwork would have sufficed to make him legal again.
Just to be clear...I wasn't defending (or condemning) the man the article was written about. I was merely commenting on a phrase that is abused by judges and prosecutors.
Plenty of Americans have had cash stolen from them in the name of the "War on Drugs". What's more troubling than the number is that the government is extremely loath to return cash even when there was no legitimate basis for seizing it.
I don't know how many people have been "bent over" by this particular rule, though it should be noted that because of inflation the rule is far more strict today than when it was written.
I'm also curious--when were the first laws written restricting exports?
Question however I already know the answer.
If the good old USA (which I proudly support) can seize anything that they "Think" has been gotten in drug dealing activities and the people in the know say that 90 % of the money in America tests positive for cocaine residue ......
I have seen people lose their life savings, farms, homes, and not even know what forfeiture hearings were about, much less cocaine, crack and drugs.
Our seizure laws have gotten out of hand.
But business is business and we must support our politicians
/spit
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