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February 06, 2012
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Attorney General 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. Read more at oag.state.tx.us

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Mediation may not be the most appropriate avenue for resolution in all cases.

For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.

 


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Today's Terms

Nominal party

Definition:
One, who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record,

Respondent

Definition:
Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties.

Malicious prosecution

Definition:
A merit less (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor.

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