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Feds took too much of dishwasher's cash, judge says
CNN.com ^ | 6/25/08 | Patrick Oppmann

Posted on 06/25/2008 2:44:27 PM PDT by BlazingArizona

An illegal immigrant dishwasher who lost $49,000 to the U.S. government as he tried to take it home to Guatemala will get some of the money back, his attorney told CNN Wednesday.

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

Pedro Zapeta was "very, very happy" when he learned about a federal appeals court ruling that says he is entitled to recover some of the money, said attorney Robert Gershman, who handled the financial end of Zapeta's case.

Zapeta was carrying $59,000 in cash when he was stopped at a security checkpoint at Fort Lauderdale-Hollywood International Airport in 2005. He told authorities he was returning home to Guatemala with the money he had saved working illegally as a dishwasher over 11 years.

But federal law requires that anyone leaving or entering the country with $10,000 or more must declare it. Because Zapeta had not done so, he was detained and his money was seized.

The 11th U.S. Circuit Court of Appeals ruled Monday that the judge who fined Zapeta applied an incorrect standard in determining the amount to be forfeited. The appeals court ordered a hearing to set a new fine.

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Government
KEYWORDS: aliens; assetforfeiture; biggovernment; federosaurus; forfeiture; illegals; immigrantlist; legalizedtheft; wod
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This ruling sets limits on the ability of federal officials to seize any amount of cash they want to from travelers who carry "too much" money with them when they travel.
1 posted on 06/25/2008 2:44:27 PM PDT by BlazingArizona
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To: BlazingArizona

You already have to declare any amount over $10,000 when you cross the border.


2 posted on 06/25/2008 2:46:35 PM PDT by AntiKev ("The Earth is a very small stage in a vast cosmic arena." - Carl Sagan)
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To: BlazingArizona

Seize or steal?


3 posted on 06/25/2008 2:47:03 PM PDT by mgstarr ("Some of us drink because we're not poets." Arthur (1981))
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To: BlazingArizona

He should have used Western Union.
But officials shouldn’t just seize everything that looks suspicious, either.


4 posted on 06/25/2008 2:47:55 PM PDT by tbw2 ("Sirat: Through the Fires of Hell" by Tamara Wilhite - on amazon.com)
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To: BlazingArizona

I am so glad there is a law protecting us from people who carry too much money.


5 posted on 06/25/2008 2:48:22 PM PDT by BipolarBob (Yes I backed over the vampire but I swear I didn't see it in my rearview mirror.)
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To: BlazingArizona
seize any amount of cash they want to from travelers who carry "too much" money with them when they travel.

You can carry all the money you want, as long as you declare it. The amount wasn't the issue, it was his failure to declare what he had.

6 posted on 06/25/2008 2:48:28 PM PDT by Not A Snowbird (Some people are like slinkys, the idea of them tumbling down a flight of stairs makes you smile.)
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To: SandyInSeattle

He probably had an irrational fear that the Government would steal it from him.


7 posted on 06/25/2008 2:50:03 PM PDT by agere_contra
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To: SandyInSeattle

Yep you are correct but my goodness wasn’t that rule written in Spanish ......everything else is.


8 posted on 06/25/2008 2:54:18 PM PDT by badpacifist (Personal attacks on someones opinion of a "news article" you happened to post is asinine.)
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To: BipolarBob
I am so glad there is a law protecting us from people who carry too much money.

You can carry all the cash you want. You just have to report it when you cross the border. The law was passed because people crossing the border with large amounts of cash often turn out to be either drug smugglers, tax evaders or both.

9 posted on 06/25/2008 2:54:41 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: BlazingArizona
Our B of A here in SoCal advertises a service where someone can send cash to Mexico for free. Maybe it doesn't apply to Guatemala. It aggravates me every time I see it.
10 posted on 06/25/2008 2:57:45 PM PDT by originalbuckeye
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To: SandyInSeattle

Sure, you can carry any amount you want. Until they decide its drug related.


11 posted on 06/25/2008 3:00:41 PM PDT by driftdiver
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To: BlazingArizona

Pedro should become a financial planner. He knows how to save. Saving over $5k/yr when he was probably making minimum wage is pretty good.


12 posted on 06/25/2008 3:02:20 PM PDT by frankjr
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To: AntiKev

“You already have to declare any amount over $10,000 when you cross the border.”

Yeah, but hae you ever tried to do it?

I have left the US with more than $10 K in cash on two occasions, by air. The first time, when I asked the airline how I should comply with the law, they looked at me like I had two heads. They had no idea what I was talking about.

The second time was last year, when I had to pay cash for Flash 2.0’s hospital bill, as he was born overseas. That money plus cash I was bringing to the in-laws came to about $12 K. This time I downloaded the form, and filled it out. At the airport I looked for the location of the office I was supposed to take it to. The office existed, but it was only open 9:00 a.m. to 5:00 p.m.


13 posted on 06/25/2008 3:03:17 PM PDT by Flash Bazbeaux
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To: BlazingArizona

so, did he pay taxes on his wages for that decade?


14 posted on 06/25/2008 3:03:35 PM PDT by machogirl
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To: BlazingArizona

i thought pedro went to school in idaho?


15 posted on 06/25/2008 3:05:00 PM PDT by machogirl
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To: traviskicks

.


16 posted on 06/25/2008 3:05:40 PM PDT by KoRn (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: SandyInSeattle

Some of us would say government shouldn’t have the right to force you to declare the cash in the first place. I know, I know. It’s supposed to stop the druggies, but it also takes a bite out of the freedom of honest Americans. Where do we draw the line?

BTW, do you know banks can and do report you for “suspicious” cash transactions for amounts well under $10,000? Yes. It’s true, but of course, why should any honest American care if they have absolutely no privacy left? Only people with something to hide, right???


17 posted on 06/25/2008 3:05:58 PM PDT by CitizenUSA (Republican Who Will NOT Vote McCain!)
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To: driftdiver

Do you have anything to back that up, or are you opining on something you know nothing about?

Don’t bother answering, because the obvious answer with you is the latter.


18 posted on 06/25/2008 3:06:50 PM PDT by End Times Sentinel (In Memory of my Dear Friend Henry Lee II)
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To: Flash Bazbeaux

Can’t say I have. Don’t ever have occasion to carry more than $10K.


19 posted on 06/25/2008 3:08:17 PM PDT by AntiKev ("The Earth is a very small stage in a vast cosmic arena." - Carl Sagan)
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To: Lurking Libertarian

“You can carry all the cash you want.:

Yep, as long an LEO or a DEA person doesn’t stop you bvecause you look “suspicious” and then they are likely to steal every nickel and declare that the money MIGHT have come from some illegal activity without ever having to prove anything or even make an arrest. A simple allegation is enough.


20 posted on 06/25/2008 3:10:53 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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