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 ...
You already have to declare any amount over $10,000 when you cross the border.
Seize or steal?
He should have used Western Union.
But officials shouldn’t just seize everything that looks suspicious, either.
I am so glad there is a law protecting us from people who carry too much money.
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.
He probably had an irrational fear that the Government would steal it from him.
Yep you are correct but my goodness wasn’t that rule written in Spanish ......everything else is.
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.
Sure, you can carry any amount you want. Until they decide its drug related.
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.
“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.
so, did he pay taxes on his wages for that decade?
i thought pedro went to school in idaho?
.
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???
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.
Can’t say I have. Don’t ever have occasion to carry more than $10K.
“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.
The US Constitution specifically prohibits unlawful search and seizure, yet each year recently thousand of people are losing their homes, their cars, or any temptingly large chunk of cash they might have access to because some "law enforcement agency" has decided they are somehow connected to criminal activities.
When this story first broke, I felt extremely sorry for this poor schmuck, but also thought he was major-league stupid to begin with. I also didn't think he had a prayer of getting the money back.
Now, it looks like he is going to get at least part of it back, but how much? Suppose they decide to set the "fine" at 48,990? Which wouldn't surprise me. "Here's $10 bucks Pancho. Getcher self a cheezburger with fries."
One of the more disheartening consequences of this ungodly war on drugs has been the way we have corrupted -- or allowed to become corrupted -- the LEAs and LEOs that fight it. These newfangled nomex-clad, M-4 toting, strumtruppen in their shiny helmets with no-knock warrants are the virtual antithesis of what American cops were before and what they always should be.
Hopefully this ruling will knock them back a bit and put at least a minor limit on their looting. More is needed -- much more -- but at least it's a start.
Maybe I missed it, but how much did the judge say the final fine was?
For some reason, the phrase "mighty white of 'em" comes to mind.
Whose social security number was used to pay the taxes?
Did this ILLEGAL ALIEN.... File Taxes?
Every dime should be seized and used to build the wall.
But isn’t this true for someone stopped within the US and found to be carrying more than 10K? I seem to remember Boortz railing about a legislation (or proposed and with good reason) along these lines.
Attention, advocates and permanent residents!
Pass the word that you can only carry no more than $10,000 in cash through this country’s POD. It’s the law.
Any amount in excess, consider opening an account to any U.S. bank with affiliation with your home country.
Attention, IRS!
Get into the picture. The hearing should include discussion whether or not man has paid taxes on his earnings. Get witnesses from his work place and uncover — for another Federal agency — the extent of his employer’s complicity in violating U.S. immigration laws.
Attention, US CIS!
I don’t see why you are not involved. Why not?
Attention, all you illegals!
GET OUT OF MY COUNTRY! AND STAY OUT!
WRONG.
People bring tens of thousands of dollars in cash in and out of the country every day.
We can't stop Somali "asylees" traveling to "Djibouti" [Somalia] with $50,000 of cash to fund Islamic Courts.
Your fevered fantasy that some jack-booted LEOs "steal" money from innocent, law abiding, cash declaring people is something you ought to keep to yourself rather than trying to pass it off as fact to people who actually know something about the situation.
Yes, I'm aware of that.
Because he wasn't applying to become a citizen of the United States. Why would you think CIS should be involved?
And the SCOTUS has specifically, repeatedly ruled that searches while making an international border crossing does not constitute an "unreasonable" (that's the word you were looking for) search.
I have heard of a diamond dealer having his cash seized in this country for no other reason than he had a suspicious amount of cash. The last I heard the NYPD was intent on keeping it. You might google this but I remember the newspaper article. He wasn’t crossing a border he was crossing town. His (plausible) explanation was he was going needed cash to do transactions. That was the the diamond business was done.
Not true.
Sickening-—as his attorney said, “the government acted like it was all their money”-—with that kind of attitude toward HARDWORKING aliens, illegal or not, what kind of message does that send to the kind of illegals who come here and wind up in prison for rape, robbery, and murder.
OR who come here deal drugs, and manage to launder the drug money through remainders sent back home. The message it sends is “we’re just as corrupt as you are”. We’ll arrest and deport you because we don’t like competition. Hell, we’ll gladly take 80% of a good man’s earnings, force him to leave the country, and keep our fingers crossed that he’s too scared or stupid to appeal our theft of the money that’s rightfully his”. I blame the judge-—he probably thinks he’s being hard-nosed law and order, but he’s just an A-hole and a common thief pimping on behalf of “laws”.
The fact that this happened three years ago means that the only people losing sleep over this theft was the Colombian and his family, who counted on having a house to live in.
Considering that every dime of the man’s money was earned illegally (it is illegal to work in this country if you are here illegally) and he was guilty of being in the country illegally, they should have seized every dime and kept it.
You’re right. I am wrong. I was actuially thinking of DHS, but that is the agency that is already involved in the ruling, although the article does not mention it.
Blood of Tyrants: “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.”
You are correct, sir. However, I’ve heard it’s theoretically possible to reclaim your property. /s
I don’t care how or why someone wants to carry a lot of cash, nor do I think it’s government’s business. A government that has the power to force you to disclose transactions of $10,000 has the power to force you disclose $0.01. Call it the principle of the thing if you wish, but it irks me.
4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
“Do you have anything to back that up, or are you opining on something you know nothing about?”
You must be on drugs yourself to make such an ignorant personal attack. Its very very well documented that the federal govt and local police forces can and do confiscate anything they consider drug related. From cash, cars, boats, homes, the list goes on and on. Bush 1 signed the law.
“Do you have anything to back that up, or are you opining on something you know nothing about?”
No bother, its my lifes goal to reduce ignorance in the world.
‘Your fevered fantasy that some jack-booted LEOs “steal” money from innocent, law abiding, cash declaring people is something you ought to keep to yourself rather than trying to pass it off as fact to people who actually know something about the situation. “
yeah I’ve seen the repainted Porches they’ve confiscated. Most agencies aren’t shy about telling you where they got it either. You must really enjoy all the parties funded with that cash you steal.
That's true, but it's for structured transactions. If you come in, say in the morning, later that afternoon, then the following day, or go to several branches and make large cash deposits, each one less than the $10,000.01 which triggers the CTR, then yes, you will be reported as making suspicious transactions. People will do it to avoid having the CTR filed, but what they don't realize is that if they structure their transaction to avoid the CTR, they get a suspicious transaction report instead.
Oh come on driftdriver, you know it’s all for the children...
You've seen repainted Porches that CBP/DHS has confiscated from people who've declared bringing them across the border?
Somehow, I think you're talking out of your hat again.
And then.....you can eat from a dirty plate next time you eat out.
Yeah....I know.... We just have scads of potential dishwashers lining up to get those premium jobs.
I don't care if he is from Timbuktu, Outer Mongolia or the Sonoran Desert....as long as he shows up on time, treats my customers with respect and earns his wages. Hiring an American teenager......is not an option.....believe me!
So what esteemed agency do you work for?
This is great news. Too bad the court could not send the prosecutors to jail for grand larceny under color of law.
No offense, but if you knowingly hire illegal aliens, you should be subjected to the full extent of applicable laws.
These people may be trustworthy, courteous, and all that stuff, but they are criminals and harboring a criminal is a criminal act in itself. They cost taxpayers of this country untold Billions and deny and fetter access to education for our children, access to medical facilities, you-name-it, all for the sake of expediency for local businesses it seems.
That's it, Flash, either you turn yourself in this minute or I'll have to report you and get a cash reward.
Not that facts or reality matter to someone like you, but that money goes into the Gov. general fund, not into the agency's operating fund.
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