Save $59,000 in 11 years..get it taken away

[VoldtaEngler]

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.
Bag

But the money was confiscated by U.S. customs officials after Zapeta neglected to fill out the proper form.

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, 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.

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.

[Buster Friendly]

what a colossal waste of time.

how much is the govt. going to have to spend to keep this guy's 59k in litigation costs (trials, and govt. lawyers ain't free ya know.)

the guy was leaving anyway. now they've spent money to process and deport him, and so forth...

[Lady Alias]

Augh, gosh that is fucked up.

[One Eyed Cat]

Even a U.S. Citizen may have anything over 10K confiscated. One will usually get "some" of it back. If you're gonna skip dodge though, I would seriously consider wiring money first.

JT

[Mr Karl]

wow, 11 years of living frugaly and he didn't even manage to pick up a second language. I vaguely feel sorry for the guy but on the other hand, after all that time he should've known better.

[ForrestBlack]

Should illegal immigrants be able to take dufflebags full of cash back to their country?

[Mr Karl]

Should illegal immigrants be able to take dufflebags full of cash back to their country?

Why not?....as long as they pay the 'illegal immigrant leaving with a bag of cash' tax

[ForrestBlack]

Why not?....as long as they pay the 'illegal immigrant leaving with a bag of cash' tax

Isn't that what Zapeta did?

[Mr Karl]

looks like

[evilstonermonkey]

yeah, about 60k in tax

[ForrestBlack]

Now, for the record, I'm not saying people shouldn't be able to take their money wherever they want, but I am interested in people's thoughts on illegal immigrants ability to take dufflebags full of cash back to their country. I wouldn't mind knowing if he did or did not pay taxes. It sort of depends on how his employers handled it.

[ForrestBlack]

yeah, about 60k in tax

So, about $5,364 a year, while he was here.

[Cafe_Post_Mortem]

Now, for the record, I'm not saying people shouldn't be able to take their money wherever they want, but I am interested in people's thoughts on illegal immigrants ability to take dufflebags full of cash back to their country. I wouldn't mind knowing if he did or did not pay taxes. It sort of depends on how his employers handled it.

Why not? If I earned a duffel bag of money I can spend it here, or in another country. Hell people like Trump dump millions in to other countries, why should this guy be different? You wanna set a tax on taking money out of the country? Fine, but it should apply to everyone, not just the undocumented.

Even if you account for unpaid taxes, which does not add up to a lot at $5.50 an hour, he should still be walking away with most of that. He probably owed about $10,000 in back taxes, not $60000.

[One Eyed Cat]

They need to create a proper guest worker system. This is getting ridiculous. Should he be able to keep it? Yes. We should have a system by which taxes are paid and folks take their cash home.

JT

[ForrestBlack]

Even if you account for unpaid taxes, which does not add up to a lot at $5.50 an hour, he should still be walking away with most of that. He probably owed about $10,000 in back taxes, not $60000.

Although I do realize this is probably unlikely, if he had fake paperwork and his employers were taking out payroll tax, he potentially would have had a pretty significant refund he couldn't collect on.

[Bikerpunk]

Forrest, for Christ's sake, this is a guy who lived hand to mouth, saving every sent he could, being exploited left and right and thinking of nothing but the chance to better his family.

And the authorities say "thanks for the YEARS of sacrifice and hard work. YOINK."

[Randy_Waterhouse]

The rules for taking cash out or bringing cash in apply to everyone. I recently won a large sum at a casino out of the country...right on the form to re-enter it says you must fill out a special form and declare all money over $10,000.

It took my father 5 years of living here, but he learned English; if after 11 years you haven't learned enough to read a form? What does that say? And no my father wasn't educated past the 8th grade, he wasn't some PhD wealthy foreigner...he worked in coal mines and eventually factories (a step up).

I have some pity for his ignorance of the law, but ignorance of the law is no excuse. There has to be a middle ground on this though, pay a fine, i.e. 10% of the money or something, then let him go. In other cases like this the judges have shown discretion with regards to the law which clearly states that if you don't declare it, all of it is subject to forfeiture...it's just a simple damn form people. But most judges will accept a fraction of the cash as a "I'm ignorant of the law fee" and let you move on.

[Buster Friendly]

there are people who are born in this country who never learn english. you don't have to in some communities. it's not the law, we don't have an official language.

taxes aside this guy made other contributions to the community he lived in, obviously he was a hard worker, and diligent enough to save that much money. i doubt very highly that his employers didn't know his resident status, or his tax situation.

i worked in a restaurant kitchen for awhile where the employed mostly immigrants both documented, and otherwise. my evil boss would constantly fuck them (and everyone for that matter) over, using the threat of INS to terrorize them. she'd refuse to give them their last paycheck when they would finally quit, claiming she legally didn't have to. man those guys, and girls used to bust ass. much harder than i ever did, or would. very hard workers, great folks too.

[ForrestBlack]

Forrest, for Christ's sake, this is a guy who lived hand to mouth, saving every sent he could, being exploited left and right and thinking of nothing but the chance to better his family.

And the authorities say "thanks for the YEARS of sacrifice and hard work. YOINK."

For Christ's sake, what? I didn't say he shouldn't be able to keep all his money, I asked what people's thoughts were on the subject in general.

[Jax]

Maybe he should have become a US citizen and paid taxes, and possibly figured out how to speak/read english and fill out a simple form.

He broke a few laws. Too bad.

[One Eyed Cat]

For Christ's sake, what? I didn't say he shouldn't be able to keep all his money, I asked what people's thoughts were on the subject in general.

hehe u 2 :P. Seriously though, I figured you were speaking about the subject in general. This particular case would be hard to defend. I hope a more fruitful system is developed. It would take awhile to unpack it. Off the cuff, I'm thinking guest worker but denial of public benefits (food stamps etc) offered to citizens. Kids born on US territory, I don't know where to go with that even, Tough subject.

JT

[Bikerpunk]

Maybe he should have become a US citizen and paid taxes, and possibly figured out how to speak/read english and fill out a simple form.

He broke a few laws. Too bad.

Do you know how difficult it is to become a US citizen?

[ForrestBlack]

hehe u 2 :P. Seriously though, I figured you were speaking about the subject in general. This particular case would be hard to defend. I hope a more fruitful system is developed. It would take awhile to unpack it. Off the cuff, I'm thinking guest worker but denial of public benefits (food stamps etc) offered to citizens. Kids born on US territory, I don't know where to go with that even, Tough subject.

JT

Yeah, it certainly gets tied up with a lot of systemic issues.Zapeta's situation brings up much broader policy questions for sure. I lean towards a large scale overhaul of the immigration / emigration system here in the US. What we have here now seems to be a real patchwork of small fixes accumulated over the years and leads to a lot of unfairness and inefficiency. I do believe we should live up to the notion of being the land of opportunity, but along with that come a certain amount of national fiscal responsibility that we're nowhere near these days.

[GnArKiLL]

Do you know how difficult it is to become a US citizen?

fucking decades, literally. some people have no idea.

[Bikerpunk]

I'm into MY second decade. I can apply maybe in three years or so.

Forrest, I'm aware of the "ignorance of the law is no excuse" business but Jesus, the poor guy has NOTHING and has been ripped off enough.

[ForrestBlack]

I'm into MY second decade. I can apply maybe in three years or so.

Forrest, I'm aware of the "ignorance of the law is no excuse" business but Jesus, the poor guy has NOTHING and has been ripped off enough.

Nowhere did I imply that I don't have sympathy for the guy. It's a horrible situation. But, you can't determine the best and most efficient and fair policy by simply touting some individual horror story. So, although I do feel for him, I wanted to know what people thought of the actual issue at hand, which is illegal immigrants taking sacks of cash out of the country. It sounds a bit like you might not actually know what my opinion is though. Generally speaking, I think your money is your money and you should have the right to take it wherever you want. On the otherhand, if you are caught breaking the law, it can complicate things for you.

[Bikerpunk]

Forrest, I'd say that the value of the work these guys provide more than compensate for the money they bring out. Think about how much money the restaurant owner saved not having to pay legal wages. Or by being able to keep his restaurant going because the natives only want to work as managers.

Or, if you're going to go that way, look at how much money the USA carts out of those countries. How many juntas do we support again?

I'm not saying and never have said that you're unsympathetic, I didn't mean to give that impression, mate. Sorry.

[One Eyed Cat]

Yeah, it certainly gets tied up with a lot of systemic issues.Zapeta's situation brings up much broader policy questions for sure. I lean towards a large scale overhaul of the immigration / emigration system here in the US. What we have here now seems to be a real patchwork of small fixes accumulated over the years and leads to a lot of unfairness and inefficiency. I do believe we should live up to the notion of being the land of opportunity, but along with that come a certain amount of national fiscal responsibility that we're nowhere near these days.

Agree. It should be overhauled.

JT

[ForrestBlack]

Agree. It should be overhauled.

JT

Either that or we should blast those pesky words off the Statue of Liberty...

I'd advocate a strong and sensible policy that encourages success and rewards for honest hard work.

[One Eyed Cat]

Either that or we should blast those pesky words off the Statue of Liberty...

I'd advocate a strong and sensible policy that encourages success and rewards for honest hard work.

Definitely. I actually tried to wrap my mind around the recent immigration proposal. I still could not tell you what exactly would happen. I saw mentions of a guest worker program intertwined with building fences along the border?!? Further complicating matters: States and cities will often weigh in with their own policies. It's a mess.

JT

[Cafe_Post_Mortem]

Or by being able to keep his restaurant going because the natives only want to work as managers.

OK, I am pro immigrant, but this one is a pet peeve of mine. There was a time when I would have killed for a busboy job, at minimum wage with no benefits, even while taking the tax hit. There are natives willing to do the work for next to nothing, but a lot of people who want even more from them. When I worked 60 hours a week with only the half hour lunch on any given day, the owners of the place still wanted more. When I worked my self to physical exhaustion they wanted more. In less than a year I almost worked myself into disability for a slim hair over minimum wage.

Sure, there are people willing to come to this country and do more than I did then, but at some point we agreed that people deserve a little better. We agreed on a minimum standard that employers should be held to and the natives who want that are not wicked or lazy. To be honest, I have known in my life people who took under the table jobs that were far below the legal standards.

And the companies that say they cannot afford to pay the minimum standard, fuck em. I have no beef against the immigrants who sneak over to be exploited. Hunger will make a man do many worse things than ignore border and labor law. But the people who think it is ok to exploit them, those are the ones the law should hammer. They like to champion the "Americans won't work for what we can afford" all the while ignoring the profits many show. For every restaurant owner just trying to get by, there is one who just wants to see a little more of the money in his pocket.

At least that's my take.

[One Eyed Cat]

OK, I am pro immigrant, but this one is a pet peeve of mine. There was a time when I would have killed for a busboy job, at minimum wage with no benefits, even while taking the tax hit. There are natives willing to do the work for next to nothing, but a lot of people who want even more from them. When I worked 60 hours a week with only the half hour lunch on any given day, the owners of the place still wanted more. When I worked my self to physical exhaustion they wanted more. In less than a year I almost worked myself into disability for a slim hair over minimum wage.

Sure, there are people willing to come to this country and do more than I did then, but at some point we agreed that people deserve a little better. We agreed on a minimum standard that employers should be held to and the natives who want that are not wicked or lazy. To be honest, I have known in my life people who took under the table jobs that were far below the legal standards.

And the companies that say they cannot afford to pay the minimum standard, fuck em. I have no beef against the immigrants who sneak over to be exploited. Hunger will make a man do many worse things than ignore border and labor law. But the people who think it is ok to exploit them, those are the ones the law should hammer. They like to champion the "Americans won't work for what we can afford" all the while ignoring the profits many show. For every restaurant owner just trying to get by, there is one who just wants to see a little more of the money in his pocket.

At least that's my take.

The rubber hits the road when it comes to agricultural workers. I would consider myself pro-immigrant. I want a sensible procedure for both working and immigrating to the U.S. with legal safeguards for both the immigrants and the citizens. I do oppose the use of social resources (beyond emergency care) by non-citizens for fiscal reasons. Beyond that, we need to inject some common sense. We are a nation of immigrants.

JT

[Jax]

Do you know how difficult it is to become a US citizen?

So, its ok for them to work in this country but not work at becoming a citizen?

Hmm...

[inox]

Personally, I have very little sympathy for illegal immigrants who don't pay taxes (but otherwise use the system) and then, on top of it all, take the money that they do acquire right out of the US economy.

If life in Guatemala isn't good, how about working to change your own country, rather than coming here illegally and smuggling out cash?

Also, he's been here ELEVEN (11) years and speaks NO English. How disrespectful is it to live in a country for that long without bothering to even acquire the basics of the predominant language?

I wonder how well this country would be doing if all immigrants had this guy's mindset.

[Jax]

Well said inox. Agree 100%.

[One Eyed Cat]

The language issue is definitely important. I've seen this first hand working with folks in the ukrainian diaspora. Luckily, english is generally taught in grade school there. They would not be functional without at least some understanding of the language. With some exceptions, this has made for a successful transition. The immigration issue in this area is even more bizarre. You get into the H1B (skilled labor) and student visa issues. It needs some major changes as well.

JT

[Bigun]

Meh, ignorance of the law is no excuse.

If he lives in this country, he needs to learn these laws. All he had to do was fill out a one page form, and that should have been the end of it. IF he had of done that, and this still got pulled, I would have sued the airport.

[Cafe_Post_Mortem]

Meh, ignorance of the law is no excuse.

If he lives in this country, he needs to learn these laws. All he had to do was fill out a one page form, and that should have been the end of it. IF he had of done that, and this still got pulled, I would have sued the airport.

I am willing to bet the standard penalty for breaking that law is not $60000.

[Lady Alias]

Citizenship is based a lot on "What can you do for us?"

I had a roommate who practically instantly became a U.S. citizen because she was from Japan and came here for college.

Then there was a couple from Hungary. One had dual citizenship, (both Hungary and U.S.) because of business, and the other one was a Hungarian citizen. She had to return to Hungary after being here for a decade. All the while she spent thousands of dollars to try to become a citizen. Even after her ligitamate marriage to U.S. citizen (they had lived together for years) they denied her. She was sent back to Hungary.

[Randy_Waterhouse]

I am willing to bet the standard penalty for breaking that law is not $60000.

actually the minimum penalty for breaking that law is $10,000.01 (the amount at which you must declare you are leaving the country with.

That's all this is about, filling out the stupid frickin form. Immigrant or not, legal or illegal it's the same damn form for everyone.