Mistake costs illegal immigrant dishwasher $59,000

[Marc and Olga 0]

So why has he not been given the option to pay his fines as dictated BY LAW and take the rest of the money, if there is any, and leave the country?

because, as someone pointed out earlier in this thread, he is also guilty of smuggling money out of the US, which by law required forfeiture of all money and property uesd to smuggle said money.

[NavarreMan 10]

So why has he not been given the option to pay his fines as dictated BY LAW and take the rest of the money, if there is any, and leave the country?

because, as someone pointed out earlier in this thread, he is also guilty of smuggling money out of the US, which by law required forfeiture of all money and property uesd to smuggle said money.

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

-STATUTE-

(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).

***

(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.

***

Not open and shut but at least you bothered to look it up which is more than most on this thread have done. This is a case where ignorance of the law may work in his favor but I think he is pretty much screwed. There is room for compassion from the Court but I think he was offered that and he refused so things look fairly bleek for Mr. Zapeta.

Kind of takes all the speculation out of it doesn't it? If you folks would learn to look this stuff up and how to apply the laws you research to your issue (if you have one) you may find that you can answer a lot of your questions without the aid of a lawyer and save a lot of money in the process. Use caution though. many of the laws are dificult to read and sometimes nearly impossible to interpret. When in doubt, consult a lawyer.

[Ladylethal 12]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

[pedroh 21]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

[Heracles 417]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

No they are fine outstanding people. Here is an example.

[smoke20 0]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

i see Pedroh Sharpton is at it again.

[pedroh 21]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

i see Pedroh Sharpton is at it again.

i'm not the one who uses that same line everytime he talks about illegals.. don't blame me.. lol pedro sharpton..

[Jenn! 918]

Oh little Pedro Sharpton!

ROFL

LOLOLOLOL

[smoke20 0]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

i see Pedroh Sharpton is at it again.

i'm not the one who uses that same line everytime he talks about illegals.. don't blame me.. lol pedro sharpton..

quit acting like him. & yes, you try the victim BS everytime!

Edited October 2, 2007 by smoke20

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

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

No they are fine outstanding people. Here is an example.

Book 'em, Danno.

[pedroh 21]

Oh little Pedro Sharpton!

ROFL

LOLOLOLOL

LOL

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

i see Pedroh Sharpton is at it again.

i'm not the one who uses that same line everytime he talks about illegals.. don't blame me.. lol pedro sharpton..

quit acting like him. & yes, you try the victim BS everytime!

i just ask for them not to be generalized.. thats it.. i'm not saying anything else.. just that NOT ALL of them are cholo- drug smugglers.. if people here always say 'all of them are criminals blablabla'.. everytime i will answer back..

[Caladan 19]

So why has he not been given the option to pay his fines as dictated BY LAW and take the rest of the money, if there is any, and leave the country?

because, as someone pointed out earlier in this thread, he is also guilty of smuggling money out of the US, which by law required forfeiture of all money and property uesd to smuggle said money.

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

-STATUTE-

(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).

***

(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.

***

Not open and shut but at least you bothered to look it up which is more than most on this thread have done. This is a case where ignorance of the law may work in his favor but I think he is pretty much screwed. There is room for compassion from the Court but I think he was offered that and he refused so things look fairly bleek for Mr. Zapeta.

Kind of takes all the speculation out of it doesn't it? If you folks would learn to look this stuff up and how to apply the laws you research to your issue (if you have one) you may find that you can answer a lot of your questions without the aid of a lawyer and save a lot of money in the process. Use caution though. many of the laws are dificult to read and sometimes nearly impossible to interpret. When in doubt, consult a lawyer.

In the U.S., we say someone is 'guilty' when they've had a trial and have been convicted. I don't think he's been convicted of currency smuggling. They seized his money on the SUSPICION of smuggling, but that's not the same as a conviction. If he's not convicted of currency smuggling, they have to get it back.

The question is whether he meets the first condition of 'with intent to evade.' In other words, if he didn't know about the requirement, or didn't understand it,, then the money isn't forfeit. I'm guessing it isn't only because they're offering to settle by giving him money, and he hasn't been convicted of currency smuggling. Even if it's forfeit, the trial and the conviction would still have to come first. That just hasn't happened; what's happening instead is the government waiting out the clock on his deportation.

[NavarreMan 10]

Ok, I read the law now and still, I say, apply the law to him, gets his money, deport him, tax him, arrest him, fine, but do we need all the hatred?

of course! because he's a criminal, drug smuggler, rapist and murderer illegal!

No they are fine outstanding people. Here is an example.

Book 'em, Danno.

The other side of the coin. I got a good laugh out of the top photo. Looks like a tailgate party at any US college football game. The only thing missing was the wet t-shirt contest and the beer funnel. Oh yes... and the riot afterwards.

[NavarreMan 10]

So why has he not been given the option to pay his fines as dictated BY LAW and take the rest of the money, if there is any, and leave the country?

because, as someone pointed out earlier in this thread, he is also guilty of smuggling money out of the US, which by law required forfeiture of all money and property uesd to smuggle said money.

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

-STATUTE-

(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).

***

(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.

***

Not open and shut but at least you bothered to look it up which is more than most on this thread have done. This is a case where ignorance of the law may work in his favor but I think he is pretty much screwed. There is room for compassion from the Court but I think he was offered that and he refused so things look fairly bleek for Mr. Zapeta.

Kind of takes all the speculation out of it doesn't it? If you folks would learn to look this stuff up and how to apply the laws you research to your issue (if you have one) you may find that you can answer a lot of your questions without the aid of a lawyer and save a lot of money in the process. Use caution though. many of the laws are dificult to read and sometimes nearly impossible to interpret. When in doubt, consult a lawyer.

In the U.S., we say someone is 'guilty' when they've had a trial and have been convicted. I don't think he's been convicted of currency smuggling. They seized his money on the SUSPICION of smuggling, but that's not the same as a conviction. If he's not convicted of currency smuggling, they have to get it back.

The question is whether he meets the first condition of 'with intent to evade.' In other words, if he didn't know about the requirement, or didn't understand it,, then the money isn't forfeit. I'm guessing it isn't only because they're offering to settle by giving him money, and he hasn't been convicted of currency smuggling. Even if it's forfeit, the trial and the conviction would still have to come first. That just hasn't happened; what's happening instead is the government waiting out the clock on his deportation.

That is what I think is going to happen on this one. I wonder if he forfeits it all by leaving the country or if a remainder, if any, can be sent to him via his lawyer? I will follow this one just to see how it pans out. I personally think he's screwed. Too many things going against him including his own confession. But you never know... we were unable to frame a gulity man in OJ's case.

[smoke20 0]

i just ask for them not to be generalized.. thats it.. i'm not saying anything else.. just that NOT ALL of them are cholo- drug smugglers.. if people here always say 'all of them are criminals blablabla'.. everytime i will answer back..

see thats the problem though pedroh. you say plz don't generalize them, yet you do. to read your post they are all just poverty stricken soals trying to make a few bucks to eat & take care of their kids. meanwhile you neglect to admit that there are some of them that are drug dealers, murders, thieves and in general very unsavory people that are of no benefit to this country. the generalization thing is a two way street. the fact is some of these people are here to prey on society.