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"A Waltham man and his company have been ordered by a judge to stop engaging in the unauthorized practice of law and to stop providing services related to immigration matters, Attorney General Martha Coakley announced today.
The complaint, filed in Suffolk Superior Court, alleges that since at least 2004, Gerson Barahona knowingly defrauded hundreds of Massachusetts residents by falsely holding himself out as an attorney specializing in immigration law, unlawfully charged his victims hundreds, or even thousands of dollars for legal advice and services, and purported to represent them in immigration proceedings without authorization or accreditation.
“We allege this defendant engaged in widespread fraudulent conduct and preyed upon vulnerable residents of Massachusetts,” AG Coakley said. “The unauthorized practice of law, particularly when it concerns immigration matters, not only causes significant economic harm, but also places unsuspecting consumers at risk.”
In many circumstances, Barahona allegedly charged fees for services that were of no benefit to his victims, including helping them to apply for programs when he knew or should have known that they were never eligible.
According to the complaint, Barahona is commissioned as a notary public, but he is not a licensed attorney, as he represented to numerous residents, or an “Accredited Representative,” a special designation given by the federal government to a small number of non-lawyers who have knowledge and experience in immigration law and are permitted to represent clients in immigration proceedings.
Today, Suffolk Superior Court Judge Peter M. Lauriat granted a preliminary injunction against Barahona and his company Gerlatin Modeling and Legal Sub-Contractor Co. LLC. Among other things, the court ordered Barahona to cease engaging in the practice of law, serving as an accredited representative, preparing or signing documents to be filed with any court or administrative body, and providing interpreter, translator, preparer, or notary public services in connection with immigration matters.
The unauthorized practice of immigration law is a widespread problem in Massachusetts and throughout the country. AG Coakley urges all Massachusetts residents to consider the following before hiring someone to provide legal advice or representation in connection with immigration matters:
An advisory from the AG’s Office with more information regarding the unauthorized practice of immigration law can be foundhere.
This matter was handled by Assistant Attorneys General Genevieve C. Nadeau and Kerry C. Tipper, and Paralegal Paola Ozuna of AG Coakley’s Civil Rights Division, with assistance from Christine Junod of AG Coakley’s Investigations Division." - Mass. Atty. Gen. Dec. 15, 2014.