Immigration Consultants Ordered To Stop Defrauding Consumers

Attorney General Spitzer today announced a lawsuit against three New York City residents who are alleged to have defrauded dozens of immigrants out of at least $175,000 with false promises of permanent residency status.

Pending a hearing on the lawsuit, the court ordered the defendants - Angela Pasquino, Luis Cuero and Francisco Morales - not to accept any fees for immigration services or solicit new clients.

The lawsuit, filed in State Supreme Court in Manhattan, charges that since 2001, the defendants operated a fraudulent immigration services business out of a botanica (herbal remedy store) called Eduang, which is located in Queens.

According to the Attorney General’s complaint, the defendants preyed upon the largely immigrant clientele of the store, luring them into the scheme with false promises of helping people obtain permanent residency cards. The defendants guaranteed that they could obtain green cards for applicants within five to eight months. Typically defendants charged each consumer $4,000 up front, with an additional $4,000 due upon receipt of the green card, the lawsuit alleges.

The Attorney General’s investigation revealed that the defendants never submitted applications to federal immigration authorities. In an effort to convince clients that applications had been filed, the defendants fabricated excuses, such as blaming the delay on legal changes in the wake of September 11th and showing clients phony INS file numbers.

The defendants refused to refund money to their victims.

Spitzer said: "Immigration consultant fraud is a serious problem. We will not tolerate unscrupulous individuals who prey upon the vulnerable by offering empty promises to immigrants who are seeking a better life for themselves and their families."

Spitzer thanked the New York Association of Community Organizations for Reform Now (ACORN) for referring the matter to his office.

ACORN Executive Director Bertha Lewis said: "Those who take advantage of immigrants should be forewarned by the Attorney General’s action on this case. Fraud will not be tolerated and they will be brought to justice."

New York State and New York City passed separate laws last year to protect immigrant consumers seeking help with immigration matters. Both laws prohibit immigration service providers from engaging in the unauthorized practice of law, and both require providers to post signs stating that they are not attorneys and cannot give legal advice. The new state law also requires written contracts with specific provisions, prohibits consultants from making false statements or implying that they have special influence with the immigration authorities, and requires consultants to maintain a surety so that any consumers harmed by the consultants can be compensated. Failure to comply with these new laws can result in penalties up to $2,500 for initial violations and up to $5,000 for each repeat violation under the City law, and up to $7,500 for each violation of the state law.

Consumers who have been victims of immigration consultant fraud are urged to contact the New York State Attorney General’s Consumer Helpline at 1-800-771-7755 or download the complaint form at the Office of the Attorney General’s website: www.ag.ny.gov

The case is being handled by Assistant Attorney General Hilary B. Klein of the Civil Rights Bureau, under the supervision of Deputy Bureau Chief Natalie Williams and Bureau Chief Dennis Parker, and Jose Perez, Deputy Bureau Chief of the Consumer Frauds and Protection Bureau, under the supervision of Bureau Chief Thomas Conway. Consumer Frauds Representative Marisol Lugo assisted in the investigation.