News & Politics - Mistake Costs Dishwasher $59,000

Ashleigh · 09-27-2007, 06:27 PM

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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. 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.

SOURCE

What says FanForum? Was the government right to seize his money? Are they giving him a fair shake? Is Zapeta to blame for what has happened to him?

Papri · 09-28-2007, 03:52 AM

No, the government should not have taken his money. These things need to be assessed on a case by case basis; it's obvious he had no idea about the immigration laws - I accept they could have taxed him a portion of it (as he didnt pay taxes for 11 years - having said that, why should he when he'd have no representation anyway?) but to take ALL his money and offer him a paltry sum? I mean, come on - the guy earned $59 000 in 11 years. That's peanuts. Surely his employers should be punished rather than him?

In terms of the US govt, sure - deport him, he broke the law. Tax some of the money. But in no way can they excuse seizing the whole lot.

jerkstore · 09-28-2007, 07:54 AM

I have no sympathy for that man. He came to the US illegally, stole a job from an American (don't tell me American's won't work as dishwashers, I've worked as a dishwasher!), and most importantly, paid no income taxes. The IRS should seize that money to pay for his back taxes and he should be deported immediately.

I've worked and paid taxes for nearly thirty years and I'm sick and tired of these illegals working under the table, undercutting American's salaries and not paying into the system.

Papri · 09-28-2007, 07:59 AM

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Originally Posted by jerkstore (View Post)

stole a job from an American (don't tell me American's won't work as dishwashers, I've worked as a dishwasher.

You have got to be kidding me.

Unless he actually ousted an American from his or her job as a dishwasher, he didn't "steal" anyone's job.

jerkstore · 09-28-2007, 08:52 AM

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Originally Posted by Papri (View Post)

You have got to be kidding me.

Unless he actually ousted an American from his or her job as a dishwasher, he didn't "steal" anyone's job.

If we enforced our laws, his employer would have had to hire an American or a legal immigrant. I considering this 'stealing' a job from a rightful candidate.

migamoo · 09-28-2007, 11:01 AM

I think the IRS has the right to take whatever taxes and fees he might owe for never paying taxes. No matter how much I disagree with illegals coming to this country to work, he did earn that money. It's not like he robbed a bank to get it. The rest, I think, should go to him.

JohannafromIHJ · 09-28-2007, 02:21 PM

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Originally Posted by jerkstore (View Post)

I have no sympathy for that man. He came to the US illegally, stole a job from an American (don't tell me American's won't work as dishwashers, I've worked as a dishwasher!), and most importantly, paid no income taxes. The IRS should seize that money to pay for his back taxes and he should be deported immediately.

If anyone stole a job from an American, it was the people who decided to hire illegal immigrants in the first place. But as always, the people at the top of the food chain get to stay as sparkly as ever while people play Kick the Immigrant.

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I've worked and paid taxes for nearly thirty years and I'm sick and tired of these illegals working under the table, undercutting American's salaries and not paying into the system.

I'm sure those "illegals" are just as tired of America flooding their local markets with left-over goods, forcing local farmers, factories and merchants out of business, causing the need to emigrate.

ceilirose · 09-28-2007, 02:41 PM

This is fuzzy. Are there dishwashers who are independent contractors now? You have to declare yourself as one to not have taxes taken out of your paycheck.

If his bosses paid him "under the table" then they're part of the problem. They probably didn't want to pay umeployment, SS or other taxes.

So the whole illegal immigration problem is really muti-layered.

*Ledi* · 09-28-2007, 05:04 PM

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Originally Posted by JohannafromIHJ (View Post)

If anyone stole a job from an American, it was the people who decided to hire illegal immigrants in the first place. But as always, the people at the top of the food chain get to stay as sparkly as ever while people play Kick the Immigrant.

I'm sure those "illegals" are just as tired of America flooding their local markets with left-over goods, forcing local farmers, factories and merchants out of business, causing the need to emigrate.

Thank you for saying what I wanted to say.

If there is anyone to blame, it's the person/people that hired him.

cuemypulse · 10-07-2007, 01:10 PM

It's not fair for anyone to say that because he's here illegally he shouldn't get that money. He earned it. He was doing it for his family.

What if it were you and your family needed the money but you couldn't get into the US legally? Would you do it for your mother and sisters? I'm sure you would. Or atleast I would. I put my family before the law.

And they only person to blame for the loss of that job is the people who hired him. End of story.

Drekkan · 10-21-2007, 03:11 AM

Oh God it's been so dang long since I've been here.

Quote:

Originally Posted by JohannafromIHJ (View Post)

If anyone stole a job from an American, it was the people who decided to hire illegal immigrants in the first place. But as always, the people at the top of the food chain get to stay as sparkly as ever while people play Kick the Immigrant.

I concur. Punish the employer. Just as you need to go after the bankers that launder money to stop the drug trade you need to fight owners that use illegals to fight illegal immigration. That said, you can't hold illegals totally blameless - they still violated the law.

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I'm sure those "illegals" are just as tired of America flooding their local markets with left-over goods, forcing local farmers, factories and merchants out of business, causing the need to emigrate.

Ahh, yes, and once again I concur in principle. All subsidies (especially to agriculture) need to stop, and they need to do so yesterday. You really can't call for free markets as long as you pay a dime in subsidy. Honestly if you want to help developing nations out stop subsidies.

***

As for the guy, make him pay back taxes on his $59K, deport him (out of that money), and give him a small monetary fine (an additional $5K or so). That should leave him with around $45~50K.


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