03/19/2008

News / Notary public law cracks down on scams

Notary publics who scam Latino immigrants by charging them for legal advice will now face criminal penalties under a new law signed by Gov. Jim Doyle in Milwaukee on Tuesday.

In Mexico and Latin American countries, a notario can have legal training, while in the U.S., a notary can only administer oaths and witness signatures.

But many who advertise as notarios take advantage of vulnerable immigrants looking for a way to stay in the U.S. and charge for legal advice that raises false hopes, said state Rep. Pedro Colón (D-Milwaukee), who sponsored the measure after reports of rip-offs, especially on the city's south side, which is largely Latino.

"Many people want to follow the law and seek counsel from people who, unfortunately, have no legal standing to give advice," he said.

Immigration attorneys such as Barbara Graham of Catholic Charities and Erich Straub praised the measure.

"Intentionally or unintentionally, a lot of people are hurt," said Graham. "They (immigrants) think they're lawyers because they put up a notario sign and people are vulnerable, scared and want to believe there's a way for them to stay here."

She and Straub said they see clients every week who have been given bad advice by notarios, advice that can separate families for years. "There are devastating consequences for families that are irreparable," he said.

The new law prohibits notary publics who are not attorneys from stating or implying they're licensed to practice law and from charging for obtaining any kind of relief from the government. In written advertisements, a notario must clearly state that he or she is not licensed to practice law in Wisconsin and may not give legal advice or accept fees for service.

A person convicted of violating the law may be fined up to $10,000 or imprisoned for up to nine months, or both.

A second or subsequent violation is punishable by up to six years in prison and a fine of up to $10,000.

By GEORGIA PABST
gpabst@journalsentinel.com

Source: http://www.jsonline.com/story/index.aspx?id=729783

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