ILNews

Notario publico issues surface again

Back to TopCommentsE-mailPrintBookmark and Share

Years ago, the Indiana Supreme Court made it clear what non-lawyers could and could not do related to immigration services. Crossing the line might be considered the unauthorized practice of law.

Now, two people in Indiana are facing the consequences of doing exactly that.

notario The Mexican Civic Association of Indiana Inc., located on Shelby Street in Indianapolis, is one of two businesses being sued by the Office of the Indiana Attorney General for providing legal immigration-related services without having a law license to do so. (IBJ Photo/ Perry Reichanadter)

The Indiana attorney general is using that court guidance from 2005 and pursuing cases against a pair of non-lawyers from Indianapolis and Fort Wayne. Both offered immigration-related services normally done by attorneys to their Spanish-speaking clients, but neither is a licensed lawyer and the AG alleges that neither is legally certified or trained to provide advice to clients on immigration law.

Each is accused of committing consumer deceptive sales acts and faces a civil action. The non-lawyer in Indianapolis also faces a misdemeanor of practicing law without a license and 10 criminal counts of income tax evasion.

While the individuals charged with UPL face multiple charges and potential penalties, the damage has already been done to those on the receiving end of those illegal matters. One person was barred from re-entering the country because of immigration issues that weren’t properly handled by one of these non-lawyer notarios, according to the AG’s office.

“Profiting from immigrants’ desperation over their legal status is considered exploitation in any language,” Attorney General Greg Zoeller said. “It’s important that foreign nationals who wish to follow the law and get their immigration paperwork in order not be deceived by fraudsters motivated by fees who are unqualified to give proper advice.”

The suits were filed March 9. One is in Allen Circuit Court against Evelyne O. Casiano, who has been doing business as United Hispanic Caring Hearts in Fort Wayne; the second suit is in Marion Superior Court against M. Esther Barber, also known as Maria Esther Tapia Cuevas, who was doing business as Asociación Civica Mexicana De Indiana Inc.

The Fort Wayne suit alleges that Casiano operated as a “notario publico” since 2008, and two consumers paid her for services such as selecting, completing, and filing U.S. Citizenship and Immigration Services forms for them. Although Casiano claimed to be an “assistant to an attorney,” the suit says that no such relationship existed. One customer who complained of paying thousands of dollars in fees for legal assistance now faces deportation proceedings as a result of Casiano’s actions, according to AG spokesman Bryan Corbin.

In the Indianapolis case, the lawsuit alleges that Barber has advertised herself to the Spanish-speaking community as someone who can assist with immigration issues and since 2006 she has allegedly done similar selection, preparation, and completion of USCIS immigration forms for a fee.

Both lawsuits allege the defendants knowingly violated the Deceptive Consumer Sales Act by providing services without the required license and training, and the suits seek injunctions against Barber and Casiano to prevent them from advising consumers about immigration policies or doing that type of work without first obtaining a license to practice law.

Each lawsuit also seeks consumer restitution for unlawfully obtained funds, civil penalties of up to $5,000 for each knowing violation, and up to $500 for each intentional violation of the Deceptive Consumer Sales Act, as well as attorney fees.

kuzma-abigail-mug Kuzma

Separate from the civil consumer suit, the AG also used the office’s limited criminal jurisdiction to have a search warrant issued on Barber’s business and residence in Indianapolis as part of an investigation into possible tax offenses. Charges followed March 24 against Barber specifically, with the AG alleging she committed 10 counts of 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.

The attorney general used a tax evasion legal maneuver known as the “Al Capone approach” which it has used three other times since late 2008 in cases concerning two commercial dog-breeding operations and another cash-and-carry stereo business. Those three cases ended with guilty pleas and felony tax-evasion convictions.

With these civil actions, Zoeller is trying to raise awareness about the larger issue of non-English speakers seeking immigration assistance from individuals called “notarios” who aren’t licensed to practice law but who might be assumed to be attorneys by the immigrant population. In the U.S., a notary public is a person certified to serve as a state-authorized witness for the notarization of documents. But in Spanish-speaking nations, the term “notario publico” can refer to an attorney with specialized training. Language barriers or misunderstandings might make immigrant clients more trusting of advice they receive from notaries here.

These suits are the first actions filed against “public notaries” since the December 2005 decision by the Indiana Supreme Court in State of Indiana ex rel. Indiana State Bar Assoc., et al. v. Ludy Diaz, 838 N.E.2d 433 (Ind. 2005), which specifically focused on this type of activity and determined it constituted the unauthorized practice of law.

Abby Kuzma of the AG’s Consumer Affairs Office, formerly with the Neighborhood Christian Legal Clinic that provides immigration-related legal services similar to those at issue in the current cases, said these are directly on point with what happened in the Diaz case. The only difference is that Diaz was first and set the stage to decide that this kind of activity is, in fact, UPL.

“There’s an opportunity that they’re finding to take advantage of people, or in our lingo, consumers that want to legally improve their immigration situation,” Kuzma said. “They go to these individuals and think they’re seeking assistance from someone who is qualified to provide those services, and that’s the problem because they’re not.”

Immigration law is very complex, Kuzma said, and it’s dangerous to have non-lawyers trying to tackle these issues without proper licensing, training, or knowledge of the system.

“People can be much worse off than before, and their legal options can be put in danger because of this,” she said. “Ask any immigration lawyer in town, and you’ll hear that they spend a lot of time analyzing cases where previous immigration cases and situations have been damaged by people providing this type of assistance. It’s almost like a whole subset of immigration law practice.”

In Indianapolis, attorney Angela Adams with Lewis & Kappes said that’s a common element of her practice despite the guidance that Diaz offered to the legal community and public. She said attorneys regularly try to educate the public about these issues and explain the difference between a “notario” in the U.S. versus what that term means in Latin American countries. She is pleased to see the current action trying to address the problem.

“It is good to see that the attorney general is taking this issue seriously and is concerned about protecting the rights of a vulnerable population,” she said. “It sends a strong message that unauthorized practice of law will not be tolerated in our state.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

ADVERTISEMENT