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AG files criminal UPL, tax evasion charges against ‘notario publico’

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Adding to what it has already done in targeting two “notario publicos” for illegally offering immigration services, the Indiana Attorney General’s Office has now filed a criminal Unauthorized Practice of Law charge and several tax evasion counts against one of those non-lawyers who was operating in Indianapolis.

The state attorney’s office announced the new criminal charges Thursday in the case against M. Esther Barber, also known as Maria Esther Tapia Cuevas, who was doing business as Asociacion Civica Mexicana De Indiana Inc. on Shelby Street in Indianapolis.

A civil action had been filed against her March 9 on allegations that she offered immigration-related services without being licensed or trained to do so, but criminal charges hadn’t immediately been attached to that. A search warrant of her business led to records being seized, and gave way to what’s materialized this week.

The civil suit alleges Barber advertised herself to the Spanish-speaking community as someone who can assist with immigration issues and since 2006 she’d allegedly done similar selection, preparation, and completion of immigration forms for a fee. The suit against her, similar to one filed against another non-lawyer in Fort Wayne, accused Barber of knowingly violating the Deceptive Consumer Sales Act by providing services without the required license and training.

As a result, she’s being charged now with a Class B misdemeanor for engaging in UPL – a count the state AG’s Office obtained permission from the Marion County Prosecutor’s Office to file. The count stems from Barber’s charging a client $1,200 to obtain legalization paperwork so that an immigrant could enter the country – something that a 2005 ruling by the Indiana Supreme Court specifically held could only be provided by a licensed attorney, not a notary public.

Since the AG’s office didn’t have any tax evasion counts relating to the Allen County notario case, any misdemeanor count of UPL there would have to stand on its own and that would be up to the Allen County Prosecutor’s Office to file rather than the state attorney’s office.

The UPL charge came on the same day the AG used the office’s limited criminal jurisdiction to charge Barber with 10 counts of state income tax evasion. A probable cause affidavit shows Barber advertised her business services in Spanish-language newspapers and over time received at least $56,768 for tasks such as preparing immigration forms, business formation, and liquor licensing applications, but she filed no state income tax returns between 2005 and 2009.

That tax-related legal maneuver is known as the “Al Capone approach,” as it brought down the infamous organized crime boss. The AG has used this approach three other times since late 2008 – on two commercial dog breeding operations and another cash-and-carry stereo business. Those three cases ended with guilty pleas and felony tax evasion convictions.

Barber appeared in court Thursday for an initial hearing, and the court set a $5,000 surety bond and required her to surrender her passport before being released. A pretrial conference is set for May 9 with a jury trial tentatively scheduled for Aug. 2. She faces up to six months in jail on the UPL misdemeanor charge and for each of the felonies, could see a sentence up to three years and fines up to $10,000.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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