Mistake costs illegal immigrant dishwasher $59,000

[NavarreMan 10]

Ok, I stand corrected. I have found the infamous form Pedro failed to fill out for his currency issue. It specifically states currency or monetary instrument. It also asks for his visa info. Sorry Pedro. It's not lookin' good.

http://www.irs.gov/pub/irs-prior/f4790--2002.pdf

But I still don't hate the man. He was a hard working dude and was working (illegally) honorably and honestly (relatively speaking) for the betterment of his family. I know you're going to argue the honor and honest part but he was not robbing banks or selling heroin. That is the only point I am trying to make by using those words. Don't blow it out of proportion.

Edited October 3, 2007 by NavarreMan

[NavarreMan 10]

How do we know for a fact that this money is from wages? Cuz he said so hmmm.

Because he supplied paystubs.

[Caladan 19]

It's all moot anyway. He was caught smuggling more than $10K out of the country. The penalty for that is forfeiture. Everything else regarding his status makes no difference.

The penalty for that is forfeiture if, in a court of law, it is demonstrated that you willfully evaded the law. And that hasn't happened.

Hehe, You think he wasn't hiding? Get real. He knew he was here illegally. He knew he was working without authorization. He knew he didn't pay taxes. Do you really think he would have declared the money?

If that's the case, and it's so open-and-shut, then why is the government offering him a $10,000 settlement rather than an open-and-shut criminal conviction?

[Ban Hammer 13,135]

It's all moot anyway. He was caught smuggling more than $10K out of the country. The penalty for that is forfeiture. Everything else regarding his status makes no difference.

The penalty for that is forfeiture if, in a court of law, it is demonstrated that you willfully evaded the law. And that hasn't happened.

Hehe, You think he wasn't hiding? Get real. He knew he was here illegally. He knew he was working without authorization. He knew he didn't pay taxes. Do you really think he would have declared the money?

If that's the case, and it's so open-and-shut, then why is the government offering him a $10,000 settlement rather than an open-and-shut criminal conviction?

because that will include an admission of guilt on his part.

probably save on court costs too.

[Caladan 19]

What sort of admission it would require? If it's so open and shut, then they don't need him to confess....

I don't think they have a good case for him for smuggling or else this wouldn't be about his civil suit to get his money returned.

[GaryC 7]

What sort of admission it would require? If it's so open and shut, then they don't need him to confess....

I don't think they have a good case for him for smuggling or else this wouldn't be about his civil suit to get his money returned.

Plea deals are offered all the time. It cuts down on court time and saves money. The guy was an idiot for not taking the deal.

[Caladan 19]

It doesn't look like a plea deal, is what I'm saying. He's not in custody pending the deal, he's not pleading to a lesser charge... he's not charged, so he's not pleading to anything at all.

[NavarreMan 10]

What sort of admission it would require? If it's so open and shut, then they don't need him to confess....

I don't think they have a good case for him for smuggling or else this wouldn't be about his civil suit to get his money returned.

Plea deals are offered all the time. It cuts down on court time and saves money. The guy was an idiot for not taking the deal.

It pains me to admit it but you finally said something I agree with. I think they tried to offer him a fair shake and stupidly he said no way, I want all the money. It is possible that this was the legal advice offered by his pro bonos. I do not know. But I think he saw his best outcome go bye-bye when he said no to their offer. We shall see.

[NavarreMan 10]

It doesn't look like a plea deal, is what I'm saying. He's not in custody pending the deal, he's not pleading to a lesser charge... he's not charged, so he's not pleading to anything at all.

I think what the situation is, is that he has lost the money pursuant to law and he is hanging around until the January deadline hoping for a different outcome (plus he needs airfare home). The judge in the case has shown some compassion and let him stay until January and the government tried to get him to accept their version of compassion by offering him a deal which they did not have to do.

I do not think they have to work very hard to prove he violated the law. And it may not be necessary to be lenient because he was ignorant of the law. We have all heard that ignorance of the law is not an excuse. To an extent he has had more of a break than would be given to others. I just doesn’t seem like it. I really do feel for the guy but I think his hand has been played.

11 years... jeez

[Fandango 1,439]

victims? illegals don't stop americans from getting jobs, or scare them away 'no no, this job is mineee not yours'..

Yes, they do P. Not only do they take jobs that they aren't entitled to, they reset the pay for that job.

They are scabs to the American workforce.

[Sofiyya 1,687]

victims? illegals don't stop americans from getting jobs, or scare them away 'no no, this job is mineee not yours'..

Yes, they do P. Not only do they take jobs that they aren't entitled to, they reset the pay for that job.

They are scabs to the American workforce.

I have no doubt that there is work for dishwashers in Guatemala. At least he has plenty of experience in that field. He wasn't even abitious enough to work his way up to waiter in 11 years.

[smoke20 0]

I have no doubt that there is work for dishwashers in Guatemala. At least he has plenty of experience in that field. He wasn't even abitious enough to work his way up to waiter in 11 years.

i'm glad you're back!

Edited October 4, 2007 by smoke20

[Peikko 1,575]

Do you people feel good about yourselves when you sneer and pour scorn on people less fortunate than yourselves? Or, was that comment merely meant to be viewed as humourous?

[smoke20 0]

Do you people feel good about yourselves when you sneer and pour scorn on people less fortunate than yourselves? Or, was that comment merely meant to be viewed as humourous?

LMAO! ya i'm feelin pretty good

Edited October 4, 2007 by smoke20

[pedroh 21]

victims? illegals don't stop americans from getting jobs, or scare them away 'no no, this job is mineee not yours'..

Yes, they do P. Not only do they take jobs that they aren't entitled to, they reset the pay for that job.

They are scabs to the American workforce.

I think they make worforce more competitive IMO.. last 2 jobs i had, where, everybody's treated like sh!t (food plants), illegal workforce maintained the plants production, and they were paid the same as everyone else.. the average wage for NC rural area 7-8.50 an hour

note: I'm not justifying it!!!! just saying.. and no, NOT ALL AMERICANS are lazy, but I think immigrants (legal or illegal) make the market more competitive

Edited October 4, 2007 by pedroh