May 7, 2003     Sunnyvale, California Since 1994
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Immigration consultant is charged with grand theft
By Pallavi Somusetty
Carlos Fernandez, a man who claimed to be an immigration consultant and used an office in Sunnyvale to meet with clients, was arrested and charged in Santa Clara County Superior Court with six counts of grand theft.

Fernandez, a San Jose resident, allegedly took more than $18,000 from six Hispanic immigrants in exchange for assistance in securing legal immigration status for them and their families. But Fernandez is not a licensed attorney and did not meet requirements for the state to practice immigration consultation, said Santa Clara County Deputy District Attorney Martha Donohoe.

Fernandez, 40, used an office in the DeAnza building on McKinley Avenue in Sunnyvale to meet with clients, Donohoe said.

"That Sunnyvale office had an attorney associated with it but was primarily operated by a non-attorney. There's no information that the other person in the office was involved in the fraud," Donohoe said.

Fernandez met his clients at the Mexican-American Community Services Agency in San Jose and also at children's soccer games in the South Bay, where he coached a boys team.

Over time, Fernandez allegedly collected multiple payments in cash from his clients without providing written contracts or receipts. He told clients he had contacts with various public agencies, including the Immigration and Naturalization Service, the Social Security Administration and the Department of Motor Vehicles, according to Donohoe.

Donohoe said Fernandez promised clients immigration services, as well as driver licenses, passports, automobiles and apartments. But the clients never received any of the services promised to them by Fernandez, said Donohoe.

Last year, several of the clients who knew each other from the Mexican-American Community Services Agency organized and filed complaints with the Consumer Protection Unit with the district attorney's office.

Fernandez is being held in Santa Clara County Jail, awaiting arraignment. If convicted, he faces a maximum of six years in state prison.

Investigators are looking for additional clients of Fernandez, but Donohoe said a person's immigration status would not be examined. "That's not our jurisdiction. Our focus is on Fernandez's activities and misrepresentations that he made with regard to violation of state laws like grand theft, legal documentation laws and immigration consulting laws," Donohoe said.

Victims should call Jorge Perez at 408.792.2745.

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