Northwest Arkansas Hispanics Prey for Predators In Legal System

STAFF PHOTO ANTHONY REYES Jose Padilla, pastor at Iglesia Cristiana Pentecostes Ministero El Shaddai, talks to church members Friday, during a service at the church in Springdale. Some members of this church, as well as the church itself, were scammed by Anthony Calderon.

STAFF PHOTO ANTHONY REYES Jose Padilla, pastor at Iglesia Cristiana Pentecostes Ministero El Shaddai, talks to church members Friday, during a service at the church in Springdale. Some members of this church, as well as the church itself, were scammed by Anthony Calderon.

Sunday, March 16, 2014

SPRINGDALE -- Jose Padilla, a pastor, went to his friend for help in 2012 to get an extension on his visa to stay in the United States.

Instead, he said he lost hundreds of dollars and his chance to become a permanent resident may be gone.

At A Glance

Document Recovery

The Anthony Calderon case file has many original identity and similar documents taken from his office. Victims of Calderon can have their documents returned by contacting the Springdale Police Department Criminal Investigation Division at 479-750-8139.

Source: Washington County Prosecutor’s Office

Padilla sought assistance from Anthony Calderon, 52, who also took money from Padilla's church, Iglesia Cristiana Pentecostes, as well as many of its parishioners, Padilla said.

The Springdale Police Department investigated complaints about Calderon, said Chief Kathy O'Kelley.

Calderon told potential clients he was an attorney, according to the police case file. Calderon's deception involved telling people he was an attorney and could help them if they hired him.

He pleaded guilty in February to theft by deception and unauthorized practice of law. The complaints -- from at least 15 victims, according to the case file -- were combined to reach the felony level for theft, said Mieka Hatcher, senior deputy prosecutor.

Calderon was sentenced to 20 years in prison, with 18 years suspended. He also was ordered to pay $53,000 in restitution, according to court records.

Padilla, 68, said he isn't sure he'll ever see the $840 he paid Calderon or the church's $3,000 paid to Calderon to set up a nonprofit organization.

Calderon was sentenced to the Arkansas Department of Correction and was transferred to Arkansas Community Correction, Hatcher said.

Calderon told church members he could help with their legal problems, but all he seemed to do was take their money, Padilla said. When Padilla's visa was about to run out, he checked with U.S. Immigration and Customs to see what progress Calderon had made, he said.

"There was nothing," Padilla said through an interpreter. "No application and no file."

Such a deception is too routine, said D. Kirk Joyce, an attorney with the Joyce Law Firm in Fayetteville. Joyce said his firms' clients are predominately Hispanic.

"A lot of Hispanics have a sixth-grade or lower education," Joyce said. "They are not familiar with the U.S. judicial system and don't know the language. They are easy to prey upon."

Their unfamiliarity sets up a situation where even immigrants with some legal knowledge can be exploited, Joyce said. Hispanics can seek out legal help from a notary public, not knowing the differences between the positions in the United States and in many Latin American countries, Joyce said.

In the United States, a notary public verifies the identity of an individual who appears before them. The notary acts as an official and unbiased witness to the identity of a person whether the person is taking an oath, giving oral or written testimony, or acknowledging a signature on a legal document, according to the Arkansas Secretary of State's website.

In Mexico and many other Latin American countries, a notary, or notario, is an officer of the court, Joyce said. Those seeking to become a notario must be an attorney, then receive training in an apprenticeship to a notario, pass an exam and be appointed to an open position, according to Mexicolaw.com.

The notarios prepare legal documents such as real estate transactions and articles of incorporation for companies, according to the website.

"It leads to a lot of confusion," said Mauricio Herrera, an attorney with the Legal Center of Northwest Arkansas in Lowell. "People see the title and think notaries here have the same power as those in Mexico."

Under Arkansas law, any person using the term "notario," "notario publico" or any similar term or spelling must be a notary public and provide notice in advertising they are not a licensed attorney. They cannot practice law and cannot offer legal advice.

Victoria Nimroozi was ordered in 2008, through a civil lawsuit filed by the state attorney general, to forfeit $24,590 she illegally collected for immigration services, visas, tax assistance, identification and power of attorney letters, according to the lawsuit. Nimroozi, under the name Vicky Carreon, operated a business called Latin Community Services of Springdale. The business advertised notario services, according to the lawsuit.

Calderon, who told his clients he was an attorney not a notario, depended on word of mouth to bring in clients, according to victims' statements to police.

The nonprofit organization Calderon was to set up for the church would help rehabilitate people with drug or alcohol problems, Padilla said. The money came straight from the collection plate, Padilla said.

One of the women in the church gave Calderon money to help with her immigration case, but may lose her residency status, Padilla said. Another gave him $1,000 to help with a deportation order, but Calderon did nothing, Padilla said.

Another pastor at the church, Manuel Hernandez, also gave Calderon money for legal help, Padilla said. Calderon, who was Hernandez's roommate at the time, did nothing, Padilla said.

Calderon showed up in Springdale District Court with defendants, said Ernest Cate, city attorney. One defendant was a young man in a wheelchair, Milton Batres, who received a ticket for the accident in which he was injured. When asked if he was an attorney, Calderon said he was their pastor and was trying to help.

Calderon wasn't a pastor, although he did study the Bible, Padilla said.

The Springdale police file on Calderon lists victims with addresses scattered across Springdale, Rogers and Lowell. The victims told police Calderon said he was an attorney and could help them with immigration problems, according to the file.

Calderon also attempted to represent a client in Washington County Circuit Court, according to the file. He handed out a business card with his name, listed his business as A.C. Law Services with a Lowell address.

Padilla is still trying to get a green card to become a permanent resident and open his nonprofit rehabilitation center, he said. His visa expires in May.

His faith sustains him through the problems with Calderon, Padilla said.

"Every morning I get up and pray before I go to work," Padilla said.

NW News on 03/16/2014