Seeking immigration or legal advice sometimes comes with the risk that the person you are talking to is committing fraud.
The most public cases of these frauds are known as “Notario Fraud” or “Immigration Consultants Fraud.” Notarios or immigration consultants use false advertising and fraudulent contracts. They hold themselves as qualified to help immigrants to obtain lawful status or perform other legal functions. (You can read more about Fight Notario Fraud at the ABA).
Now, federal agents were indicted in an immigration fraud scheme led by a L.A. attorney. The indictment alleges two conspiracies against the US involving bribery and fraud, seven counts of bribery, as well as making false statements and misuse of government seals.
The U.S. Attorney stated in a statement,
The conspiracy was allegedly orchestrated by a Los Angeles attorney who paid bribes as high as $10,000 to officials with several agencies in the Department of Homeland Security to help secure immigration benefits for aliens he was representing.
The indictment claims alleged that Kwan Man “John” Lee bribed public officials to get immigration benefits for clients who paid him, at times, more than $50,000. Lee was charged in a previous criminal complaint and is not a defendant in the indictment.
via Courthouse News Service.
If you have bought anything online, you are aware that the online retailer keeps information that you provide. For example, your name, your credit card, your address, your phone number. The question decided in California regarded the anti fraud statute. Can online retailers require you to provide this information?
The California Supreme Court held in Apple Inc. v. Superior Court of Los Angeles County, et al., (Feb 4, 2013) that Apple could require personal information from customers who make downloadable purchases on iTunes.
The plaintiffs alleged Apple violated the Song-Beverly Credit Card Act, section 1747.08(d), by requiring this information from customers.
The California Supreme Court rejected this claim because:
Unlike a brick-and-mortar retailer, an online retailer cannot visually inspect the credit card, the signature on the back of the card, or the customer’s photo identification.
Thus, section 1747.08(d) – the key anti fraud mechanism in the statutory scheme – has no practical application to online transactions involving electronically downloadable products. We cannot conclude that if the Legislature in 1990 had been prescient enough to anticipate online transactions involving electronically downloadable products, it would have intended section 1747.08(a)’s prohibitions to apply to such transactions despite the unavailability of section 1747.08(d)’s safeguards.
via Courthouse News Service.
The Immigrant Legal Resource Center released a very informative podcast regarding Deferred Action for Childhood Arrivals. The idea of the podcast is to provide information to prevent Fraud.
The podcast answers common questions such as:
- Why should DACA applicants worry about fraud?
- What is immigration fraud?
- Where should I go to get true information about DACA?
- How should I go about getting legal advice?
- What can happen to me if I go to the wrong person?
There are several valuable tips and resources mentioned in this recording, so please take a few minutes to listen and share it with your family and friends.
You can listen to the Podcast here.
via New Podcast: Immigration Fraud and DACA | Immigrant Legal Resource Center – ILRC.