Mistake costs dishwasher $59,000 Options

[schwab]

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.

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.

ok at first i felt bad for this guy....but then i started thinking about it and realized that he is illegal and he never did pay taxes so fuck him...complaining about hes not a criminal...yes you fucking are, you worked illegally, didnt pay taxes, and whatever else you did here and you are bitching?

[Jim]

But don't you know, he is essential to america. If it weren't for him, we'd have no dishwashers...

/sarcasm

[impala454]

yeah people just don't get it. they come over here illegally and think once they're here they have all the rights and opportunities we do. this guy was about to remove $59,000 from our economy, I'm glad they caught him.

[dauss]

ooOOOoooo, $59,000 that is so much money that's going to devastate our economy. What's really hurting is the billions that Hispanics are sending back to their home countries legally.

[impala454]

you're contradicting your own argument here... how can you shrug off $59,000 from one illegal immigrant, and then complain about the legal ones!??! $59,000 x 11,000,000 illegal immigrants looks a little more significant does it not?

I have no problem with legal immigrants sending money home. They have every right to.

[kcroxyoursox]

He earned it. He put $59,000 worth of labor into this country and therefore should be able to take his $59,000 worth of money back to his family. Less taxes of course (and whatever penalties others guilty of tax evasion face.) Kick him out and ban him from ever returning, because he does need to be punished for what he did, but don't take money that he earned.

[impala454]

yeah but they offered him $10,000 + another $9,000 in donations to leave the country and not be the worse for wear... I'd guess that's a lot better deal than 11 years worth of tax evasion + fines for not declaring his cash + whatever other illegal immigration violations. how did the guy purchase a plane ticket and pass security? must have had a fake ID, there's some more fines.

[jonathan83]

i also feel kinda mixed. i mean, i do feel bad that he worked so long and doesnt get any of the money... but also he totally took advantage of coming to this country.

when all these illegal immigrants work (and yes i know they work their asses off) and send all of it home back to their home countries, that's a bit hit to our economy right there. i mean 1 guy for $59,000...can you imagine how much money is going straight from the USA to latin american countries?

i say he should get the $9000 in donations of course...and maybe half of the $59,000 minus all the taxes, etc.

he shouldnt get all of it because an example needs to be set. but i feel its wrong for the feds to take all his money.

then again, if this was any other country in the world, what would they do? they'd probably take all the money too.

[jonathan83]

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

lol wtf. he was using this country to begin with. well you know what dude? i no longer feel good about illegal immigrants taking advantage of our system and benefits!

[Testm0nkey]

what they dont say is the money hes put into the american economy. hes had to pay some form of rent, clothing, food for the past 11 years. in addition to his work contributing to the business and that goes into the overall economy.

he did what he had to do in order to help his family. if the situations were reversed (mexico had american power and america was the corrupt shithole that is mexico) americans would do the same thing mexicans are doing.

america has plenty of opportunity and money (once we stop spending a billion a week in the middle east) to assist people and our neighboring countries that need aid

[FORSAKENR320]

america has plenty of opportunity and money (once we stop spending a billion a week in the middle east) to assist people and our neighboring countries that need aid

fuck you and fuck your "aiding neighboring countries"

i never wanted my money to go to them in the first place. let them starve.

AND WHEN THE FUCK IS AFRICA JUST GONNA DIE OUT FROM AIDS ALREADY?!! I MEAN FUCK!

[schwab]

what they dont say is the money hes put into the american economy. hes had to pay some form of rent, clothing, food for the past 11 years. in addition to his work contributing to the business and that goes into the overall economy.

he did what he had to do in order to help his family. if the situations were reversed (mexico had american power and america was the corrupt shithole that is mexico) americans would do the same thing mexicans are doing.

america has plenty of opportunity and money (once we stop spending a billion a week in the middle east) to assist people and our neighboring countries that need aid

ok...sure he helped out in rent...but he should be taxed just like the rest of us, he is illegal, he should have no special rules for him....if anything, he hsould have higher taxes than us

i have no problem with people who come here for jobs, as long as they play by the same rules as the rest of us and follow the laws of OUR country...

[Hartmann]

america has plenty of opportunity and money (once we stop spending a billion a week in the middle east) to assist people and our neighboring countries that need aid

Why help any other countries at all? Why not just focus on the domestic?

[Aaron]

I don't blame him for coming to our country illegaly in an effort to better himself and his family... that said, I think he's a dumbass for just thinking he can roll through an airport with 60,000 undeclared U.S. Dollars.

So, basically, my attitude towards this can be summed up in two words: tough shit.

[kcroxyoursox]

yeah but they offered him $10,000 + another $9,000 in donations to leave the country and not be the worse for wear... I'd guess that's a lot better deal than 11 years worth of tax evasion + fines for not declaring his cash + whatever other illegal immigration violations. how did the guy purchase a plane ticket and pass security? must have had a fake ID, there's some more fines.

Why does it make the government a Good Samaritan by allowing him to take the money donated to him by third parties? I'm sure they'd make him pay taxes on that anyway (since it's probably considered a large gift or something) so now matter how you look at it, he's not getting out of here with anything near that amount. I'd be pissed if I donated to a fund for a guy who got all his money taken by the government, and then found out the government took part of that too. I say send all the money to his family, and then punish him and him alone. Yes, he took a risk by coming here illegally and therefore agreed to any punishments rendered for being caught. But his family had no control over what he did and shouldn't be punished for it.

what they dont say is the money hes put into the american economy. hes had to pay some form of rent, clothing, food for the past 11 years. in addition to his work contributing to the business and that goes into the overall economy.

That's what I was trying to say. He has put in AT LEAST what he's now trying to take out. In the end he gets the short end of the stick and America still bitches that that's not enough.

I'm not touching the rest of what you said.