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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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