Mistake costs illegal immigrant dishwasher $59,000

[Ban Hammer 13,206]

it's no wonder we have a problem with illegals in this country.

[mRx 16]

His 59K was not seized because he was an illegal. It was seized because he failed to declare that he was carrying over 10,000 dollars out of the country.

US customs was following standard procedures. The only way he would get the 59,000 dollars back is if he proves it was earned legitimately. Something he cannot do.

[Caladan 19]

His 59K was not seized because he was an illegal. It was seized because he failed to declare that he was carrying over 10,000 dollars out of the country.

US customs was following standard procedures. The only way he would get the 59,000 dollars back is if he proves it was earned legitimately. Something he cannot do.

He has been able to show paystubs. And if the IRS is taxing him, they're recognizing the job as legal even if he isn't legally allowed to work it. He can show that he wasn't working an illegal job even if he can't show whether he was working it legally. (i.e., he's dishwashing, not smuggling drugs or being a prostitute.) And the question is whether that distinction is enough to entitle him to keep the money. I suspect it might be, or else they wouldn't be offering to give him $10,000 (something they don't do with drug dealers or prostitutes.)

And I think that he probably does have a decent claim on it. He agreed to work in exchange for money; he wasn't legally allowed to make that agreement, but once he did, I think he is protected under the usual labor laws just like anyone else would be. I just wish this would go to court rather than them stonewalling until he is deported, because I think it would be interesting to see how it would be decided.

It's just not true that once you're illegal, you have no recourse at all to anything. I know that businesses can't get out of following OSHA by saying 'but they're illegal, who cares if we poison them' or building codes by saying 'they're illegal, who cares if the building falls in' and you can't murder or rape someone and say 'well, they're illegal, they have no rights.' It's just not black and white.

[buckeye6976 0]

By this logic, if you fail to come to a complete, motionless stop at a stop sign, they should take away your drivers license? Are you free from sin? I highly doubt it.

We cannot punish by policy, only by law. If you mean that we need to educate the citizens of foreign countries as to all of our immigration laws and tax laws I think you will find that it would be a costly venture. How knowledgable are you of the tax and immigration laws of the Philippines? It is my opinion that Mr. Zapeta knew and understaood that he was breaking the law. He needs to be punished persuant to the laws and statutes that cover the issues at hand. No more, no less.

Until a law is changed or created to allow complete confiscation of all assets of an illegal alien in such situations we will just have to accept the penalty as provide by law.

Why don't you be the first kid on your block to draft a bill and submit it to your state legislature asking that this be done? Bitching about it here will not get the job done.

Apples and oranges. If I don't come to a complete stop and a cop sees me then I get a ticket. That is the penalty. This guy came here illegally, worked illegally and didn't pay taxes. He isn't entitled to keep his ill-gotten gains. If I were a drug dealer and got caught I would forfeit anything that I earned and have to give up any assets that I gained. The same applies here. We should make it policy to confiscate anything earned while they are here and use the money to enforce the immigration laws. And before some bleeding heart says that a drug dealer and an illegal alien isn't the same thing then remember that working without permission isn't the only law broken. Tax evasion, welfare fraud and ID theft go hand in hand with working illegally. To me they are criminals.

To you they may be criminals but your opinion does not mean a thing. Law is law. Policy is not law. When you can cite the laws that say what this man may be guilty of in any way closely resembles anti-drug laws, then I will shut my mouth and happily go away.

You seem to think you are better than this SOB. Running a stop sign is as illegal as crossing the border illegally. But since you're an American we'll only worry about it if you get caught. What a load of #######. You are already piling welfare fraud and ID theft onto this guys lists of crimes and from the information given that is not the case.

I do not have a bleeding heart for this guy. I just cannot tolerate ignorant people who think they know the laws and rush to judgement over issues they know nothing about. You are not even willing to let the legal process take its course before you throw the rope over the tree. You show little respect for the law.

Send him to trial, convict if appropriate, sentence as allowed by law. What is so hard to understand about this simple concept?

Not one of you "judges" have bothered to look up the US Code and other pertinent laws governing this case to see what he is actually guilty of and what the penalty guidelines are. Nope, let's just hang him from the nearest tree. A true American one and all!

Subtitle C--Currency Crimes and Protection

SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.

(a) FINDINGS- The Congress finds the following:

(1) Effective enforcement of the currency reporting requirements of subchapter II of chapter 53 of title 31, United States Code, and the regulations prescribed under such subchapter, has forced drug dealers and other criminals engaged in cash-based businesses to avoid using traditional financial institutions.

(2) In their effort to avoid using traditional financial institutions, drug dealers and other criminals are forced to move large quantities of currency in bulk form to and through the airports, border crossings, and other ports of entry where the currency can be smuggled out of the United States and placed in a foreign financial institution or sold on the black market.

(3) The transportation and smuggling of cash in bulk form may now be the most common form of money laundering, and the movement of large sums of cash is one of the most reliable warning signs of drug trafficking, terrorism, money laundering, racketeering, tax evasion and similar crimes.

(4) The intentional transportation into or out of the United States of large amounts of currency or monetary instruments, in a manner designed to circumvent the mandatory reporting provisions of subchapter II of chapter 53 of title 31, United States Code,, is the equivalent of, and creates the same harm as, the smuggling of goods.

(5) The arrest and prosecution of bulk cash smugglers are important parts of law enforcement's effort to stop the laundering of criminal proceeds, but the couriers who attempt to smuggle the cash out of the United States are typically low-level employees of large criminal organizations, and thus are easily replaced. Accordingly, only the confiscation of the smuggled bulk cash can effectively break the cycle of criminal activity of which the laundering of the bulk cash is a critical part.

(6) The current penalties for violations of the currency reporting requirements are insufficient to provide a deterrent to the laundering of criminal proceeds. In particular, in cases where the only criminal violation under current law is a reporting offense, the law does not adequately provide for the confiscation of smuggled currency. In contrast, if the smuggling of bulk cash were itself an offense, the cash could be confiscated as the corpus delicti of the smuggling offense.

(B) PURPOSES- The purposes of this section are--

(1) to make the act of smuggling bulk cash itself a criminal offense;

(2) to authorize forfeiture of any cash or instruments of the smuggling offense; and

(3) to emphasize the seriousness of the act of bulk cash smuggling.

© ENACTMENT OF BULK CASH SMUGGLING OFFENSE- Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:

`Sec. 5332. Bulk cash smuggling into or out of the United States

`(a) CRIMINAL OFFENSE-

`(1) IN GENERAL- Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (B).

`(2) CONCEALMENT ON PERSON- For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual.

`(B) PENALTY-

`(1) TERM OF IMPRISONMENT- A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years.

`(2) FORFEITURE- In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section.

`(3) PROCEDURE- The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act.

`(4) PERSONAL MONEY JUDGMENT- If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture.

`© CIVIL FORFEITURE-

`(1) IN GENERAL- Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States.

`(2) PROCEDURE- The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.

`(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE OFFENSE- For purposes of this subsection and subsection (B), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense.'.

Does this help?

[Ning 619]

MIAMI, Florida (CNN) -- For 11 years, Pedro Zapeta, an illegal immigrant from Guatemala, lived his version of the American dream in Stuart, Florida: washing dishes and living frugally to bring money back to his home country.

Pedro Zapeta, an illegal immigrant, managed to save $59,000 while working as a dishwasher for 11 years.

Two years ago, Zapeta was ready to return to Guatemala, so he carried a duffel bag filled with $59,000 -- all the cash he had scrimped and saved over the years -- to the Fort Lauderdale-Hollywood International Airport.

But when Zapeta tried to go through airport security, an officer spotted the money in the bag and called U.S. customs officials.

"They asked me how much money I had," Zapeta recalled, speaking to CNN in Spanish.

He told the customs officials $59,000. At that point, U.S. customs seized his money, setting off a two-year struggle for Zapeta to get it back.

Zapeta, who speaks no English, said he didn't know he was running afoul of U.S. law by failing to declare he was carrying more than $10,000 with him. Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs.

Officials initially accused Zapeta of being a courier for the drug trade, but they dropped the allegation once he produced pay stubs from restaurants where he had worked. Zapeta earned $5.50 an hour at most of the places where he washed dishes. When he learned to do more, he got a 25-cent raise.

After customs officials seized the money, they turned Zapeta over to the Immigration and Naturalization Service. The INS released him but began deportation proceedings. For two years, Zapeta has had two attorneys working pro bono: one on his immigration case, the other trying to get his money back.

"They are treating me like a criminal when all I am is a working man," he said.

Zapeta's story became public last year on CNN and in The Palm Beach Post newspaper, prompting well-wishers to give him nearly $10,000 -- money that now sits in a trust.

Robert Gershman, one of Zapeta's attorneys, said federal prosecutors later offered his client a deal: He could take $10,000 of the original cash seized, plus $9,000 in donations as long as he didn't talk publicly and left the country immediately.

Zapeta said, "No." He wanted all his money. He'd earned it, he said.

Now, according to Gershman, the Internal Revenue Service wants access to the donated cash to cover taxes on the donations and on the money Zapeta made as a dishwasher. Zapeta admits he never paid taxes.

CNN contacted the U.S. Attorneys office in Miami, U.S. Customs and the IRS about Zapeta's case. They all declined to comment.

Marisol Zequeira, an immigration lawyer, said illegal immigrants such as Zapeta have few options when dealing with the U.S. government.

"When you are poor, uneducated and illegal, your avenues are cut," he said.

On Wednesday, Zapeta went to immigration court and got more bad news. The judge gave the dishwasher until the end of January to leave the country on his own. He's unlikely to see a penny of his money.

"I am desperate," Zapeta said. "I no longer feel good about this country."

Zapeta said his goal in coming to the United States was to make enough money to buy land in his mountain village and build a home for his mother and sisters. He sent no money back to Guatemala over the years, he said, and planned to bring it all home at once.

At Wednesday's hearing, Zapeta was given official status in the United States -- voluntary departure -- and a signed order from a judge. For the first time, he can work legally in the U.S.

By the end of January, Zapeta may be able to earn enough money to pay for a one-way ticket home so the U.S. government, which seized his $59,000, doesn't have to do so

http://www.cnn.com/2007/US/09/27/immigrant...ref=mpstoryview

This guy doesnt deserve our sympaty. He entered the USA illegally which just makes it harder for the rest of us to get visas. He paid no taxes. He was in no position to learn the laws of our country so now suffers the legal aspects of them.

We are not responsible for the problems of the world. Guatamala is where he was born & where he needs to go. Then he can apply for immigration just like the rest of the people in the world that want to come here.

[Sofiyya 1,687]

"I am desperate," Zapeta said. "I no longer feel good about this country."

I have to agree with him there.

[almaty 19]

damn, like the Tin Man...some people need a heart on # vj

[Sofiyya 1,687]

damn, like the Tin Man...some people need a heart on # vj

And like the scarecrow, some need a brain . . .

[almaty 19]

damn, like the Tin Man...some people need a heart on # vj

And like the scarecrow, some need a brain . . .

touche sister green eyes..i am glad you are back posting..you were missed by your brother dean...

Edited September 30, 2007 by almaty

[NavarreMan 10]

Absolutely.

This is how the argument should have been made. Now you have the law in black and white. While there is more to this story, at least one of you bothered to research this and now have a basis for an argument to throw the guy out of the country or into jail and take the money. This is how it will be done in court and this is how, as Americans, we can expect justice to come to us if we were in trouble with the law. It is totally pointless to sit there and say that this should be done or that should be done. We must act in accordance with the law. Don't sit there in your comfy arm chair and tell everyone about law breakers unless you know what it is that you are talking about.

A tip of the hat to you Mr. Buckeye sir!

Edited September 30, 2007 by NavarreMan

[buckeye6976 0]

And you sir are a gentleman

[Ban Hammer 13,206]

i am glad you are back posting..you were missed by your brother dean...

missed by me too!

[smoke20 0]

i am glad you are back posting..you were missed by your brother dean...

missed by me too!

3

[Sofiyya 1,687]

Thank you, each! How sweet!

[one...two...tree 2,762]

By this logic, if you fail to come to a complete, motionless stop at a stop sign, they should take away your drivers license? Are you free from sin? I highly doubt it.

We cannot punish by policy, only by law. If you mean that we need to educate the citizens of foreign countries as to all of our immigration laws and tax laws I think you will find that it would be a costly venture. How knowledgable are you of the tax and immigration laws of the Philippines? It is my opinion that Mr. Zapeta knew and understaood that he was breaking the law. He needs to be punished persuant to the laws and statutes that cover the issues at hand. No more, no less.

Until a law is changed or created to allow complete confiscation of all assets of an illegal alien in such situations we will just have to accept the penalty as provide by law.

Why don't you be the first kid on your block to draft a bill and submit it to your state legislature asking that this be done? Bitching about it here will not get the job done.

Apples and oranges. If I don't come to a complete stop and a cop sees me then I get a ticket. That is the penalty. This guy came here illegally, worked illegally and didn't pay taxes. He isn't entitled to keep his ill-gotten gains. If I were a drug dealer and got caught I would forfeit anything that I earned and have to give up any assets that I gained. The same applies here. We should make it policy to confiscate anything earned while they are here and use the money to enforce the immigration laws. And before some bleeding heart says that a drug dealer and an illegal alien isn't the same thing then remember that working without permission isn't the only law broken. Tax evasion, welfare fraud and ID theft go hand in hand with working illegally. To me they are criminals.

To you they may be criminals but your opinion does not mean a thing. Law is law. Policy is not law. When you can cite the laws that say what this man may be guilty of in any way closely resembles anti-drug laws, then I will shut my mouth and happily go away.

You seem to think you are better than this SOB. Running a stop sign is as illegal as crossing the border illegally. But since you're an American we'll only worry about it if you get caught. What a load of #######. You are already piling welfare fraud and ID theft onto this guys lists of crimes and from the information given that is not the case.

I do not have a bleeding heart for this guy. I just cannot tolerate ignorant people who think they know the laws and rush to judgement over issues they know nothing about. You are not even willing to let the legal process take its course before you throw the rope over the tree. You show little respect for the law.

Send him to trial, convict if appropriate, sentence as allowed by law. What is so hard to understand about this simple concept?

Not one of you "judges" have bothered to look up the US Code and other pertinent laws governing this case to see what he is actually guilty of and what the penalty guidelines are. Nope, let's just hang him from the nearest tree. A true American one and all!

You are my new hero.