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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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