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'Notario' pleads guilty to tax evasion, illegal law practice

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A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.

The Indiana attorney general’s office filed a criminal tax evasion 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. The non-attorney advertised herself to the Spanish-speaking community as a “notario” who can assist with immigration legal issues despite not having a law license, but that creates confusion with what’s known as a “notario publico” designation given to attorneys with specialized training.

That criminal tax-related legal maneuver is known as the “Al Capone approach,” because it was what brought down the infamous organized crime boss. That is separate from the civil action the AG filed in March against Barber for the unauthorized practice of law under the Deceptive Consumer Practices Act. The cases share the fact that Barber advertised herself to the Spanish-speaking community as someone who can assist with immigration issues and since 2006 she had allegedly done similar selection, preparation, and completion of U.S. Citizen and Immigration Services immigration forms for a fee. The suit against her mirrored one against another non-lawyer in Fort Wayne, which remains pending in Allen County.

On Monday, Barber pleaded guilty to criminal charges for her actions as a “notario” and received a one-year probation sentence for two Class D felony counts of income tax evasion and the Class B misdemeanor of the unauthorized practicing of law. She must perform 40 hours of community service, and she agrees she will no longer do any sort of immigration work, according to AG spokesman Bryan Corbin.

Corbin said Barber made a full allocution in open court that her actions were wrong and harmed people and weren’t just a mere technical violation of the law. If she stays out of trouble for six months, Barber can seek to have her felony record converted to misdemeanors.

After the sentencing, the AG’s office served Barber with a civil tax assessment notice stating that she owes the Indiana Department of Revenue $58,194.

A statement from the AG says, “The Consumer Protection Division’s message to the public is: Don't be misled. A ‘notario’ cannot give you legal advice on immigration or file your legal documents. Only a licensed attorney can do that.”

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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