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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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