Posted on 01/31/2007 1:12:31 PM PST by primeval patriot
U.S. District Judge James Cohn has forced a Guatemalan dishwasher to surrender nearly all his life savings to the government because he didn't sign a declaration form before trying to board an airplane.
Pedro Zapeta of Stuart had $59,000 in his bag when Customs agents searched it and confiscated the money at the Fort Lauderdale-Hollywood International Airport on Sept. 18, 2005. Mr. Zapeta, a 39-year-old Mayan whose native language is Quiche, has said that he was unaware of the requirement to disclose amounts greater than $10,000. On Monday, Judge Cohn ruled that the $10,000 was all that Mr. Zapeta could keep. He must forfeit the rest - $49,000. Mr. Zapeta has no real option for appealing, and is likely to be deported soon.
"It is unconscionable for the government to take that money," said Robert Gershman, Mr. Zapeta's attorney. "They do it because they can. That's the only reason. It's just not right. He could have left with all $59,000 if he had signed the form."
In his six-page ruling, Judge Cohn said that the government had dropped earlier claims that the cash was drug money, and that prosecutors were accusing Mr. Zapeta of a civil currency violation, not a criminal offense. Mr. Gershman argued that Mr. Zapeta should pay a fine of no more than $5,000 for being negligent; he never had flown on a plane. "There is no rule of thumb in these cases," the lawyer said. "They shouldn't just rubber-stamp them with a decision like this."
Mr. Zapeta entered the country illegally 11 years ago and worked as a dishwasher for numerous Stuart restaurants, often holding two jobs at a time for little more than minimum wage. He intended to start a business with relatives upon returning to Guatemala. Mr. Gershman believes that the dishwasher's immigration and social status worked against him: "If Mr. Zapeta were a professional man, or more intellectual, or more mainstream, there's no question that he would not have been treated this way."
This is the guest worker President Bush has in mind when he proposes immigration reform. Pedro Zapeta didn't come to stay. He came to make investment money he can't make back home. Having done so, he was ready to deport himself. Judge Cohn had a chance to make sense out of this bureaucratic bungling. Instead, he displayed little logic and even less compassion.
No idea about this guy in particular, but large amounts of cash are common for new immigrants -- no bank accounts.
It doesn't matter.
Notwithstanding how he came up with the money, the law is the law. He came here illegally; ergo that money was illegally obtained.
The guy broke the law by unauthorized entry into the country. Next, his employers broke the law by hiring an illegal for 11 years.
Further, we really ought to be grateful the statute is actually being enforced, rather than just turning a blind eye to all immigration.
If he didn't know about it, or couldn't read the form, that's his own fault. The government is NOT under any obligation to make its forms understandable in every single language.
Oh, and if he was here 11 years, he couldn't find a free course to learn at least some basic English? Surely there had to have been some course that teaches English as a second language. Since the guy's from Guatemala (and even though he speaks Quiche), I would presume this dude could understand Spanish, and thus take the ESL course.
I have no sympathy for the guy. Not one iota.
I feel much safer now that the govt. stole this guy's money.
After 11 years at minimum wage, probably a lot under-the-table, I can believe it.
It's possible. Say he took home $250 a week over eleven years.
That's $143,000. If he was able to live on about $500 a month he could have saved $60K.
"Lived with 25 others..."
Happens here in Denver all the time. But, we are a sanctuarty city after all, thanks to the socialist scum who run the city.
So if you're here illegally, all the money you ever made is not yours...it's the governments? The day they go after the employer is the day I'll agree with you. But give this guy back the money he worked for.
Fair enough, he worked. He worked illegaly. Did he pay any taxes for all the services he received during those 11 years ? Did he break the law ? Yes. On many occasions. I'm sorry. Not that much sympathy. I toiled away getting an education and working crazy hours to make it, and to contribute to this society. He broke the law to take the money out and contribute to another country.
I tend to agree with that, but I do think that ignorance of the law ought to carry a hefty fine. Even ignorance of the language. I truly admire the work ethic of these immigrants, but they live in their own shadow world which makes it dangerous for them and everyone else here.
did you actually read the article? He worked hard for years, saving up to open a restaurant. Because YOU DON'T BELIEVE it, means he should have it all taken away?
If it's illegal to carry money it should say so on each bill.
"sanctuarty"
sanctuary, too. Spell check broken again, I see.
Not "POSSIBLE" but "PROBABLE".
In Guatemala, which has about 3 million Maya Indians, the big four languages are Quiché (1 million speakers), Cakchiquel (500,000), Mam (250,000), and Kekchi (250,000). Kekchi is also spoken in southwestern Belize.
None here either.
Quiche??? He speaks QUICHE??? Real men don't speak quiche!
The criminal fascist syndicate occupying Washington is simply creating more illegal precedent to steal your money if you don't have a note from mommy government to be carrying around cash in excess of 50 bucks.
You got it right!
I SWEAR I didn't read your post before I did mine...I SWEAR!!
What happened to him is just BS. It seems these days they can take whatever they damn well please.
I bought a Vette a year ago - cash. I so wanted to take actual cash to the dealership, However, I was afraid if I got stopped for any reason on the way it would be confiscated so I opted for a check. I so wanted to buy a car with real cash just once in my life. Oh well.
I can't imagine what this guy feels today as his dream and 50K was confiscated over a piece of paper.
"I teach ESL to illegals"
So you turn a blind eye to criminals?
I have seen signs warning about this all over international departure areas in every conceivable language, except maybe Quiche or whatever it is but I am pretty sure that a person would pick up enough English and Spanish over 11 years to get the drift. They rigorously enforce this law which is why whenever I take my cash offshore to safeguard it beyond the reach of Uncle Sugar and his jack booted thugs I am careful to ensure that no one has even close to $10K cash on them. I go about $8500 just to be sure.
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