Thread: Mistake Costs Illegal $59,000

CNN.com: 'Mistake' Costs Illegal Immigrant $59,000
By Jason Aslinger | September 27, 2007 - 22:04 ET
The CNN.com article "Mistake Costs Dishwasher $59,000" details the trials and tribulations of Pedro Zapeta, an illegal immigrant from Guatemala. The article explains that:

Two years ago, Zapeta was ready to return to Guatemala, so he carried a duffel bag filled with $59,000 -- all the cash he had scrimped and saved over the years -- to the Fort Lauderdale-Hollywood International Airport.


So an illegal immigrant (who, by the way, doesn't speak English) tries to leave the country on an airplane with $59,000 cash stuffed in a duffel bag. How could this plan go wrong?

The article goes on to paint Zapeta in the most sympathetic light possible, pointing out that Zapeta, "lived his version of the American dream in Stuart, Florida: washing dishes and living frugally to bring money back to his home country." The article claimed that Zapeta had worked in this country for 11 years.

But as Zapeta was leaving the country, a customs official discovered the cash.

Zapeta ... said he didn't know he was running afoul of U.S. law by failing to declare he was carrying more than $10,000 with him. Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs.


Customs officials seized the money, and the remainder of the article details Zapeta's legal struggle to recover his money (not to mention stay in the country). Although he "admits he never paid taxes," the article cites Zapeta's statement that "[t]hey are treating me like a criminal when all I am is a working man." Zapeta later states, "I am desperate. I no longer feel good about this country." CNN.com predictably does not point out the irony that Zapeta actually is a criminal - and wasn't supposed to be in this country in the first place.

For good measure, a sympathetic immigration attorney bemoans: "When you are poor, uneducated and illegal, your avenues are cut."

CNN.com identifies Zapeta's "mistake" as being his failure to fill out the proper customs form. The sentiment of the article was that if Zapeta had only filled out the proper one-page form, he would be home free with his $59,000.

At the outset, it is implausible to consider (as the article implies) that customs officials would have approved an illegal alien's request to exit the country with $59,000 cash in a duffel bag.

But setting that aside, it is an insult to all law-abiding Americans to frame Zapeta's "mistake" as being his failure to successfully flee the country with his ill-gotten, untaxed cash. Zapeta's "mistake" was entering this country illegally in the first place. Zapeta compounded his error by failing to pay income taxes - which over 11 years would likely comprise a significant portion of the $59,000. Wouldn't we all like to keep 100% of our earnings for the next 11 years?

The article further does not reference the "mistake" made by Zapeta's employer, who presumably paid Zapeta under-the-table and gained a competitive advantage over other businesses who played by the rules. The article also completely ignores the point that aggressive prosecutions of these cases act as a deterrent to others who would seek to illegally enter this country.

But these issues don't stand in the way of CNN.com's weeping sympathy for the poor, uneducated, frugal dishwasher from Guatemala who made the "mistake" of getting caught.

—Jason Aslinger is a private practice attorney in Greenville, Ohio.


http://www.newsbusters.org/blogs/jason- ... ant-59-000

From John Zarrella and Patrick Oppmann
CNN


MIAMI, Florida (CNN) -- For 11 years, Pedro Zapeta, an illegal immigrant from Guatemala, lived his version of the American dream in Stuart, Florida: washing dishes and living frugally to bring money back to his home country.


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

1 of 2 Two years ago, Zapeta was ready to return to Guatemala, so he carried a duffel bag filled with $59,000 -- all the cash he had scrimped and saved over the years -- to the Fort Lauderdale-Hollywood International Airport.

But when Zapeta tried to go through airport security, an officer spotted the money in the bag and called U.S. customs officials.

"They asked me how much money I had," Zapeta recalled, speaking to CNN in Spanish.

He told the customs officials $59,000. At that point, U.S. customs seized his money, setting off a two-year struggle for Zapeta to get it back. Zapeta describes how he lost his money »

Zapeta, who speaks no English, said he didn't know he was running afoul of U.S. law by failing to declare he was carrying more than $10,000 with him. Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs.

Officials initially accused Zapeta of being a courier for the drug trade, but they dropped the allegation once he produced pay stubs from restaurants where he had worked. Zapeta earned $5.50 an hour at most of the places where he washed dishes. When he learned to do more, he got a 25-cent raise.

After customs officials seized the money, they turned Zapeta over to the Immigration and Naturalization Service. The INS released him but began deportation proceedings. For two years, Zapeta has had two attorneys working pro bono: one on his immigration case, the other trying to get his money back.

"They are treating me like a criminal when all I am is a working man," he said.

Zapeta's story became public last year on CNN and in The Palm Beach Post newspaper, prompting well-wishers to give him nearly $10,000 -- money that now sits in a trust.

Robert Gershman, one of Zapeta's attorneys, said federal prosecutors later offered his client a deal: He could take $10,000 of the original cash seized, plus $9,000 in donations as long as he didn't talk publicly and left the country immediately.

Zapeta said, "No." He wanted all his money. He'd earned it, he said.

Now, according to Gershman, the Internal Revenue Service wants access to the donated cash to cover taxes on the donations and on the money Zapeta made as a dishwasher. Zapeta admits he never paid taxes.

CNN contacted the U.S. Attorneys office in Miami, U.S. Customs and the IRS about Zapeta's case. They all declined to comment.

Don't Miss
Census: Education divide among immigrant groups
Marisol Zequeira, an immigration lawyer, said illegal immigrants such as Zapeta have few options when dealing with the U.S. government.

"When you are poor, uneducated and illegal, your avenues are cut," he said.

On Wednesday, Zapeta went to immigration court and got more bad news. The judge gave the dishwasher until the end of January to leave the country on his own. He's unlikely to see a penny of his money.

"I am desperate," Zapeta said. "I no longer feel good about this country."

Zapeta said his goal in coming to the United States was to make enough money to buy land in his mountain village and build a home for his mother and sisters. He sent no money back to Guatemala over the years, he said, and planned to bring it all home at once.


At Wednesday's hearing, Zapeta was given official status in the United States -- voluntary departure -- and a signed order from a judge. For the first time, he can work legally in the U.S.

By the end of January, Zapeta may be able to earn enough money to pay for a one-way ticket home so the U.S. government, which seized his $59,000, doesn't have to do so. E-mail to a friend

http://www.cnn.com/2007/US/09/27/immigr ... eref=yahoo

How did poor Zapeta get paystubs from his employer if he was paid under the table? I can't think of any employer stupid enough to leave a paper trail like that.

Is the IRS going after the employer for non-payment of taxes? I should hope so!

Zapeta's money should also go to pay his taxes for the last 11 years.

I do doubt he earned that money legally ... but in the same sence I feel he was robbed by the biggest crook out there... the US Government

Hows that for Irony

"

They are treating me like a criminal when all I am is a working man," he said.

Another one that does not get that he is an illegal alien, which is breaking the law!

Originally Posted by AirborneSapper7

I do doubt he earned that money legally ... but in the same sence I feel he was robbed by the biggest crook out there... the US Government

Hows that for Irony

I wonder how many free social services he took advantage of while he was here? I'd cry for him, but I've used up my tear allotment for this year on Lilliana and Elvira.

Since he cannot speak English, how many years has he been here?, a sign at the airport telling him he had to declare a certain amount would not have done him any good.
He will get all his money back because the court alway decide on the side of the Illegal.

In this case I doubt the illegal will win. Those departments involved will not give in.