Pubdate: Fri, 12 Oct 2007
Source: Miami Herald (FL)
Copyright: 2007 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

STRANGE BUT TRUE: SAVING $$ NOT A CRIME

Prosecutors Should Ask For Reversal Of Penalty

Pedro Zapeta managed to accomplish what many Americans have yet to 
master: Saving money. Now he is appealing a federal judge's ruling 
that unjustly took away most of his nest egg. Returning Mr. Zapeta's 
money would be morally right and correct a serious miscarriage of justice.

How did a humble Guatemalan without legal status manage to accumulate 
more than $59,000 in 10 years here? He did it the hard way, doing the 
kind of work that many U.S. residents won't do. Mr. Zapeta worked 
sweaty, low-wage jobs, mostly as a dishwasher for Stuart restaurants, 
and as a gardener in his "time off." He lived frugally, scrimping for 
the day he would have enough savings to return home, start a business 
and build a house for his family. When that day arrived, he bought a 
plane ticket and stuffed his fortune in a black duffel bag.

Then disaster struck. At the airport, Customs agents found and seized 
his $59,000. Mr. Zapeta didn't know that U.S. law requires travelers 
to declare any cash in excess of $10,000. The law aims to snare drug 
dealers and other crooks -- not dishwashers like Mr. Zapeta who 
intended no malice.

Prosecutors could have charged him criminally, but instead charged 
him with a civil offense. Yet they went overboard in asking the judge 
to strip Mr. Zapeta of $59,000 -- all the money seized.

U.S. justice takes pride in balancing the punishment with the crime. 
But something went off kilter here: U.S. District Judge James I. Cohn 
ruled that Mr. Zapeta had to forfeit $49,000, leaving him only 
$10,000 of his hard-earned nest egg.

This is extraordinarily tough punishment for a man who had no 
criminal intent and was charged with a civil infraction. It is also 
far beyond the $5,000 maximum fine set by sentencing guidelines. Even 
tax evasion was dismissed by Judge Cohn, as it is unlikely Mr. Zapeta 
earned enough to owe federal taxes.

Since Mr. Zapeta's story appeared in The Palm Beach Post last year, 
he has become a cause celebre for some and a target for others who 
see in him the ills of illegal immigration. What he really reflects 
is the sweat and work ethic that many immigrants contribute to this 
country. He didn't come to get welfare or have anchor babies.

Now an immigration judge has ordered Mr. Zapeta to leave by Jan. 24, 
not enough time to see his appeal through. His attorney, Robert S. 
Gershman, argues that the $49,000 penalty is "unreasonable, 
disproportionate and unfair."

That sums it up. Prosecutors and Judge Cohen should reconsider. Mr. 
Zapeta earned every penny he saved. A reasonable fine would be 
acceptable. Let him go home to invest the fruits of his labor.
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MAP posted-by: Jay Bergstrom