SETTLE DISHWASHER'S CASE

The government's legal adventurism against Guatemalan dishwasher Pedro
Zapeta and his life savings will end up costing taxpayers far more
than the $59,000 authorities have confiscated from him.

Last week, the 11th U.S. Circuit Court of Appeals in Atlanta rejected
prosecutors' objections and agreed to hear oral arguments in March,
ensuring that the 2-year-old case against the illegal immigrant will
continue for many more months. It never should have gotten this far.
It doesn't have to go any farther. In September 2005, Mr. Zapeta tried
boarding a flight to Guatemala at Fort Lauderdale-Hollywood
International Airport with $59,000 he had saved over 10 years of
washing dishes in Stuart. He intended to start a business back home.
Federal agents saw the cash in his duffel bag, confiscated it and
charged him with carrying drug money. Once Mr. Zapeta brought a lawyer
to court, the government dropped the drug charges. Despite working
overtime since then, authorities have not produced evidence that links
him to any criminal activity.

Yet there is plenty of evidence about Mr. Zapeta's years of hard work.
His lawyer, Robert Gershman, submitted affidavits from a half-dozen
Stuart restaurant managers who vouched for the 40-year-old Mayan's job
history. But for prosecutors, the case has become more about saving
face than pursuing a reasonable outcome.

Yes, Mr. Zapeta entered illegally, which is a misdemeanor. Aside from
that, his most egregious offense is naivete. It was his first flight.
He knew nothing about the law that requires passengers to declare cash
amounts greater than $10,000. He has no passport and yet tried to
board the plane, hardly the behavior of the drug mule the government
claimed to have caught. In January, U.S. District Judge James Cohn
ruled that Mr. Zapeta could keep $10,000 - the amount the law allows
without declaration - but would have to forfeit the rest.

Mr. Gershman correctly calls the ruling "an unconscionable injustice"
that inflicts a "cruel and unusual" penalty. His appeal to the 11th
Circuit for a fair punishment that fits the violation prompted the
order for oral arguments. But Mr. Zapeta may not be around to hear
them. He faces a deportation hearing in February, another waste of
taxpayers' money. Mr. Zapeta was deporting himself two years ago, and
bought his own ticket to do it.

From the outset, the dishwasher and his lawyer have been amenable to
a reasonable settlement with the government. How about fining Mr.
Zapeta $10,000 and letting him keep $49,000? Then the embarrassment
can end, and the government can go after real threats to the country.