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.