> Attorney General Abbott Takes Action To Halt Fraudulent El Paso Legal Services Operation

Deceptive business cards, embellished credentials among consumer law violations

EL PASO - Texas Attorney General Greg Abbott has obtained a temporary restraining order against an El Paso man who defrauded area consumers out of hundreds of dollars by providing unauthorized immigration and legal consulting services.

The Attorney General’s lawsuit, filed in El Paso County on Tuesday, seeks a permanent injunction, civil penalties and restitution against Manuel Escalante III and his business, ME Accounting & Consulting, for several violations of the Texas Deceptive Trade Practices Act (DTPA), including doling out business cards with embellished credentials that deceived consumers about the degree of his qualifications.

This marks Attorney General Abbott’s second legal action against unauthorized legal services providers in El Paso in less than a week. On July 7, Abbott announced a lawsuit against Patricia Puentes Monroy for operating a similar scam.

“These deplorable schemes target families who are simply looking for honest direction to live and work in Texas,” Attorney General Abbott said. “Protections are in place to keep all Texas consumers safe from such scams and my office will prosecute anyone who tries to circumvent those laws.”

The Attorney General’s lawsuit alleges Escalante charged customers at least $200 to determine their eligibility for immigration benefits and prepare documentation on their behalf despite not being licensed as an attorney or otherwise qualified. Escalante relied upon word-of-mouth and misleading business cards to advertise his fraudulent legal services business and deceive unsuspecting consumers into believing that he was authorized to provide legal counsel on immigration issues.

Victims of the scam soon found that they were subject to removal from the United States due to errors in the submission of the forms or because they were ineligible for permanent residence. Many consumers also lost hundreds of dollars in immigration filing fees.

In Texas, only licensed attorneys and nonprofit organizations accredited by the U.S. Department of Justice’s Board of Immigration Appeals (BIA) can charge fees to advise and represent clients in immigration procedures. Escalante is not licensed to practice law in Texas.

The lawsuit also brings charges against Escalante for deceptive use of his notary public status. Texas notaries public are primarily charged with witnessing the signing of legal documents. In Mexico, however, a "notario público" is much like an attorney in the United States, licensed to offer legal counsel and to represent citizens in legal matters.

Scam artists have long exploited the misunderstanding between the term "notary" and the similar-sounding Spanish term "notario," which is used in Latin America to refer to highly specialized attorneys. Texas law specifically prohibits notaries public from providing immigration services unless they are accredited by the BIA.

The lawsuit seeks civil penalties of $20,000 per violation of the DTPA.

Since assuming office in 2002, Attorney General Abbott has shut down almost 40 businesses from providing unauthorized legal advice on immigration procedures, seven of them in El Paso. Consumers who believe they have been victims of a legal services scam should report it to the Office of the Attorney General at 1-800-252-8011.